Hindustan Unilever Ltd. v. Sukhdev Babbar

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 19 OF 2021 WITH INTERIM APPLICATION (L) NO. 6637 OF 2020 WITH LEAVE PETITION NO. 103 OF 2020 Hindustan Unilever Ltd ...Plaintiff

Versus

Babbar ...Defendant Ms Niyati Davawala, with Laher Shah, i/b ALJ & Partners, for the Plaintiff.

Mr DN Kher, Court Receiver, present.

CORAM:G.S. PATEL, J DATED: 25th October 2021 PC:- LEAVE PETITION NO. 103 OF 2020 IN COMMERCIAL IP SUIT NO. 19 OF 2021:

ARUN RAMCHNDRA SANKPAL 1.

By consent, the Petition for leave under Clause XIV of the Letters Patent is made absolute.

ARUN RAMCHNDRA SANKPAL Date: 2021.10.26 10:46:47 +0530

COMMERCIAL IP SUIT NO. 19 OF 2021:

2.

The Plaintiff has settled their disputes with the Defendant. The proprietor of the Defendant, Mr Sukhdev Babbar, is present online. He agrees to the following order.

3.

Ms Davawala tenders draft amendments. These are taken on record and marked "X1" for identification with today's date. Leave to amend in terms of the draft tendered, without need of reverification. Amendments are to be carried out on or before 29th October 2021.

4.

The Defendant submits to a decree in terms of the prayer clauses (a) to (c).

5.

In view of thereof, Ms Davawala has instructions not to press the prayer for damages.

6.

The Suit is decreed and disposed of in these terms. 7.

The seized goods are in the Plaintiff's possession and will be destroyed by the Plaintiff within a period of two weeks from today. 8.

The Court Receiver stands discharged without passing accounts but on payment of his costs, charges and expenses to be paid within a period of two weeks by the Plaintiff.

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 certificate 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. INTERIM APPLICATION (L) NO. 6637 OF 2020 IN COMMERCIAL IP SUIT NO. 19 OF 2021:

10. In view of this, the IA is infructuous and is disposed of accordingly.

11. For statistical purposes, the Registry will finally number the IAs and the Suit irrespective of any pending office objections. of this order.

(G. S. PATEL, J)