Hindustan Unilever Limited v. Shamiaji Products And ANR

(904) NMS 2215-16 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2215 OF 2016 IN SUIT NO. 744 OF 2016 Hindustan Unilever Ltd.

.. Applicant In the matter between Hindustan Unilever Ltd.

.. Plaintiff Vs Shamiaji Products & Anr.

.. Defendants Mr. Ashutosh Kane a/w. Ms. Akshata Kamath i/b W. S. Kane & Co. for the Plaintiff.

Ms. Shalini Sinha, Constituted Attorney of the Plaintiff present in Court. Ms. Nishtha Mohanty i/b Jerone Johnson for Defendant No.2. Mr. Zeeshan Haider, Proprietor of defendant No.2 present in Court. Mr. M. R. Mandawgade, Officer on Special Duty in the office of Court Receiver a/w. Mr. D. K. Patil, Section Officer present in Court. CORAM : K.R. SHRIRAM, J.

DATE : 23 rd MARCH, 2017.

P.C.:

1.

The suit as against defendant No.1 has been withdrawn on 14.02.2017. So far as the plaintiff and defendant No.2 are concerned, the parties have entered into Consent Terms dated 23.03.2017. The Consent Terms, signed by the Constituted Attorney of the plaintiff, defendant No.2 and their respective Advocates, is taken on record and marked 'X' for identification. Order in terms of the Consent Terms. All the undertakings are accepted. The Suit stands decreed in terms of prayer clauses (a), (b), (c) and (e).

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(904) NMS 2215-16 2.

The Court Receiver stands discharged without passing of accounts. Undertaking of the plaintiff's Advocate that the plaintiff shall pay whatever the deficit in the charges of the Court Receiver within two weeks of receipt of communication of the Court Receiver and if the plaintiff does not pay, the Advocate will pay is accepted.

3.

Mr. Kane states that the seized goods, which are still in the premises of defendant No.2, can be handed over by the Court Receiver to defendant No.2. Defendant No.2, who is present in Court, undertakes to destroy seized materials within one week from today in the presence of representative of the plaintiff. Undertaking accepted. 4.

All the interim applications stand disposed. All the interim orders stand vacated.

[K. R. SHRIRAM, J.] 2/2