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Bombay High CourtNMS/1566/2016disposed off

Hindustan Unilever Limited v. Prem Henna Private Limited And ANR

2016-07-25Hon'Ble Shri Justice G.S. Patel2 pages

908-NMS-1566-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1566 OF 2016 IN SUIT NO.504 OF 2016 Hindustan Unilever Limited ... Applicant In the matter between Hindustan Unilever Limited ... Plaintiff

Versus

Prem Henna Private Limited and Another ... Defendants Mr. Ashutosh Kane, with Mr. Nikhil Sharma, i/b W.S. Kane and Company for the Plaintiff.

Mr. Alankar Kripekar, with Jaya Manghwani for Defendants. Shri Chatraram Nemaram Gehlot, Defendant in person. CORAM: G.S. PATEL, J DATED:

25th July 2016 PC:- 1.

Mr. Kirpekar on instructions from Mr. Chatraram Nemaram Gehlot, an authorised representative of the Defendant and who is personally present in Court, says that the Defendant submits to a decree in terms of prayer clauses (a), (b) and (d) of the Suit. Mr. Kirpekar upon instructions also states that Defendant will withdraw its trade mark Application Nos. 2853794, 2966046 and 3016640 25th July 2016

908-NMS-1566-2016.DOC filed with the Trade Mark Registry. The Defendant will file an Affidavit of compliance within a period of sixteen weeks from today. 2.

Mr. Kane, therefore, does not presses his prayer for damages. 3.

The Suit is decreed in these terms with no order as to costs. Drawn up decree is dispensed with. Refund of Court Fees, if any, in accordance with the Rules.

4.

The Court Receiver had sealed certain goods. These are to be destroyed by the Defendants at their cost within a period of 12 weeks.

5.

The Court Receiver stands discharged without passing accounts but on payment of his costs, charges and expenses within four weeks from today by the Plaintiffs.

6.

Notice of Motion (L) No.1555 of 2016 does not survive and is disposed of accordingly.

7.

All concerned to act on an authenticated copy of this Order. (G. S. PATEL, J.) 25th July 2016