Hindustan Unillever Limited v. Modi Salts Private Limited

252-NMS-1594-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1594 OF 2016 IN SUIT NO.491 OF 2016 Hindustan Unilever Limited ... Applicant In the matter between Hindustan Unilever Limited ... Plaintiff

Versus

Modi Salts Private Limited ... Defendant Mr. Utsav Salunkhe, i/b A.R. Vaidya and Company for the Plaintiff.

CORAM: G.S. PATEL, J DATED:

25th July 2016 PC:- 1.

Leave under Clause XIV of the Letters Patent was granted on 4th May 2016. There was an earlier ex parte ad-interim order dated 22nd April 2016.

2.

The Notice of Motion and Suit have since been served. There is Affidavit in Service dated 3rd May 2016. This shows that service was completed on 26th April 2016.

25th July 2016

252-NMS-1594-2016.DOC 3.

Despite service, none appears for the Defendant. There is no Affidavit in Reply.

4.

The ad-interim order was in terms of prayer clauses (a)(i), (a) (ii) and (b). For the reasons set out in that order, it is now confirmed as the final order on the Notice of Motion. In addition, and for the same reasons, there will now also be an interim order in terms of prayer clause a(iii) in relation to the interim relief in passing off. 5.

The Notice of Motion is disposed of accordingly. In addition, at the final disposal of the suit, the Plaintiffs will be entitled to apply for an order and decree against the Defendants for actual costs incurred on this Notice of Motion.

(G. S. PATEL, J.) 25th July 2016