Hindustan Unilever Limited v. Purvi Enterprise

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2022.06.16 10:48:33 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT (L) NO.11288 OF 2022 WITH INTERIM APPLICATION (L) NO.11295 OF 2022 WITH LEAVE PETITION NO.80 OF 2022 IN COMMERCIAL IP SUIT (L) NO.11288 OF 2022 Hindustan Unilever Ltd.

...Plaintiff V/S Purvi Enterprise ...Defendant -------- Ms. Niyati Davawala i/by Laher Shah for Plaintiff. Mr. Arvind Taral for Defendant.

Ms. R. V. Rane, 2nd Assistant to the Court Receiver present. --------

CORAM

:

R. I. CHAGLA, J.

DATED :

13th JUNE, 2022.

P.C.

1.

The learned counsel appearing for the Defendant has sought one week time to fle Vakalatnama. The Vakalatnama shall be fled within a period of one week from today. 2.

The parties have settled their disputes. Consent Minutes of the Order dated 13th June 2022, have been tendered and taken on record and marked 'X' for identifcation. These are signed by the

Advocate for the Plaintiff and the Advocate for the Defendant. This order is passed in terms of Consent Minutes of the Order marked 'X'. The Court Receiver appointed by this Court has fled Court Receiver's Report No.162 of 2022, which is tendered and taken on record.

3.

The parties to the Suit have agreed in clause 5 of Consent Minutes of the Order that the packets seized by the Court Receiver shall be opened by the parties in the presence of their respective representatives and the dishwash bar/liquid therein shall be returned to the Defendant and the wrappers/labels, packaging, etc. shall be forthwith destroyed.

4.

The Suit has been settled by the parties. In view thereof, the Leave Petition under clause 14 of the letters patent is made absolute in terms of prayer clause (a). Accordingly, Leave Petition is disposed of.

5.

The Suit is disposed of and decreed.

6.

In view of the disposal of the Suit, the Court Receiver stands discharge without drawing up of accounts upon payment of cost and charges to be borne by the Plaintiff. The Court Receiver's

Report is accordingly disposed of.

7.

Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply.

8.

A soft copy of the Consent Minutes of the Order will be uploaded as the second order in the matter.

9.

The Registry is to ensure that the hard copy of the signed Consent Minutes of the Order is permanently retained on fle as part of the record and is not sent for destruction in the ordinary course. 10.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certifcate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. 11.

copy of this order.

(R. I. CHAGLA, J.)