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Bombay High CourtNMS/1988/2016disposed off

Hindustan Unilever Limited v. Bhagwati Chemfood Private Limited

2016-07-28Hon'Ble Shri Justice G.S. Patel2 pages

266-NMSL1345-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 1345 OF 2016 IN SUIT (L) NO. 416 OF 2016 Hindustan Unilever Limited ...Plaintiff

Versus

Bhagwati Chemfood Private Limited ...Defendants Mr. Mayur Thorat, i/b A.R. Vaidya & Co., for the Plaintiff.

CORAM: G.S. PATEL, J DATED:

28th July 2016 PC:- 1.

On 22nd April 2016, Dr. Tulzapurkar for the Plaintiff moved for an ex parte ad-interim order. On hearing him, I granted adinterim order in terms of prayer clauses (a)(i), (a)(ii) and (b). I granted a further order in terms of prayer clause (a)(iii) on 4th May 2016 after service was completed and leave obtained in the Petition under Clause XIV of the Letters Patent.

2.

The Court Receiver executed the commission under the order of 22nd April 2016. The Defendants have been served. There is an Affidavit of Service dated 3rd May 2016 on record. None appears. The Defendants have not filed a Reply. 28th July 2016

266-NMSL1345-16.DOC 3.

The ad-interim order dated 22nd April 2016 and the further order dated 4th May 2016 are confirmed as the composite final order on this Notice of Motion.

4.

To clarify, the Notice of Motion is made absolute in terms of prayer clauses (a)(i), (a)(ii), (a)(iii) and (b) of the Notice of Motion. In addition, at the final hearing of the Suit, the Plaintiffs will be entitled to apply for recovery of the actual costs incurred by them in this Notice of Motion.

(G. S. PATEL, J.) 28th July 2016