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Bombay High CourtNMS/2059/2016disposed off

Hindustan Unilever Limited v. Harshavi Industries

2016-07-19Hon'Ble Shri Justice G.S. Patel2 pages

908-NMSL-1865-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO.1865 OF 2016 IN SUIT (L) NO.667 OF 2016 Hindustan Unilever Limited ...Plaintiff

Versus

Harshavi Industries ... Defendant Mr. Ashutosh Kane, with Nikhil Sharma and Niyati J. i/b W.S. Kane and Company for the Plaintiff.

Mr. Kataria H. Devjibhai, Proprietor of Defendant is present. Mrs. Pooja Bhaidkar, IInd Court Receiver present. CORAM: G.S. PATEL, J DATED:

19th July 2016 PC:- 1.

Mr. Kataria Devjibhai, the proprietor of the Defendant is present. He submits to a decree in terms of (a), (b), (c), (d) and (f). In view thereof, Mr. Kane does not press his claim for the damages. The Suit is decreed in terms of the prayer clauses (a) to (d) and (f). 2.

Drawn up decree is dispensed with. Refund of Court Fees, if any, in accordance with the Rules.

19th July 2016

908-NMSL-1865-2016.DOC 3.

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

4.

It is agreed that the Defendants will, at their cost, destroy the sealed infringing goods within a period of four weeks from today in the presence of the representatives of the Plaintiff. 5.

The Notice of Motion does not survive and is disposed of accordingly.

6.

If not already done, the ad-interim order dated 24th June 2016 is to be uploaded.

7.

Leave has separately been granted in the Clause XIV Petition. 8.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 19th July 2016