Hindustan Unilever Limited v. Shree Rang Chemical

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2022.06.16 10:48:34 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT (L) NO.12011 OF 2022 WITH INTERIM APPLICATION (L) NO.12020 OF 2022 WITH LEAVE PETITION NO.89 OF 2022 IN COMMERCIAL IP SUIT (L) NO.12011 OF 2022 Hindustan Unilever Ltd.

...Plaintiff V/S Shree Rang Chemical ...Defendant -------- Ms. Niyati Davawala i/by Laher Shah for Plaintiff. Adv. Stenna Fernandes i/by Ms. Nishita D'souza 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 for the Plaintiff seeks leave to amend the Consent Minutes of the Order by deleting clause 5 of Consent Minutes of Order. Leave is granted. The amendment shall be carried out forthwith.

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 which is marked 'X' for identifcation. The parties have undertaken though their counsel present in Court that they are not insisting on the Reports of the Additional Special Receiver and/or Court Receiver, which was to be fled on 24th June 2022 and 29th June 2022, by exparte ad-interim order dated 20th May 2022. 3.

The undertakings, in the Consent Minutes of the order are accepted as undertakings to the Court.

4.

The Suit is disposed of and decreed in terms of prayer clauses (a), (a)(1), (a)(2), (b), (b)(1) of the plaint in accordance with the Consent Minutes of the Order.

5.

In view of the disposal of the Suit, the Court Receiver is discharged without drawing up of accounts and upon payment of cost and charges to be borne by the Plaintiff.

6.

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

7.

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

8.

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. 9.

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. 10.

copy of this order.

(R. I. CHAGLA, J.)