Hindustan Unilever Limited v. Ganesh Sales Agency And 2 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT (L) NO. 17683 OF 2022 WITH INTERIM APPLICATION (L) NO. 17687 OF 2022 WITH LEAVE PETITION NO. 127 OF 2022 WITH COURT RECEIVER'S REPORT NO. 222 OF 2022 IN COMMERCIAL IP SUIT (L) NO. 17683 OF 2022 Hindustan Unilever Limited ...

Applicant/Plaintiff

Versus

Ganesh Sales Agency & Ors.

...

Defendants Mr. Rashmin Khandekar and Ms. Charu Shukla i/b Khaitan & Co. for the Applicant/Plaintiff.

Mr. Sangram Chinnappa a/w Bhoomika Vyas for Defendant Nos.1 and 2. Ms. Naina Poojary, Section Officer, C.R. present. CORAM : R.I. CHAGLA, J.

DATED : 27th JULY, 2022.

ORDER :

The Plaintiff and Defendant Nos.1 and 2 have settled their disputes. Consent Minutes of Order dated 27.07.2022 are tendered and are taken on record and marked 'X' for identification. These are signed by 1/3

the Advocate for the Plaintiff and Advocate for Defendant Nos.1 and 2. This order is passed in terms of the Consent Minutes of Order. Leave has been sought for withdrawal of the Suit against Defendant No.3 in Clause 8 of the Consent Minutes of Order. Accordingly, leave is granted. Suit is disposed of as withdrawn against Defendant No.3.

The undertakings recorded in the Consent Minutes of Order shall be accepted as undertakings to the Court. Leave Petition under Clause XIV of the Letters Patent Act is made absolute in terms of prayer clause (a).

The Suit is disposed of and decreed in terms of prayer clauses (a) and (b) of the Plaint.

Interim Application, if any, is also disposed of, as become infructuous.

In view of the disposal of the Suit, the Court Receiver is discharged without passing up of accounts and upon payment of costs, charges and expenses if any, to be borne by the Plaintiff. 2/3

Court Receiver's Report No.222 of 2022 is accordingly disposed of.

Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply. A soft copy of the Consent Minutes of Order will be uploaded as the second order in the matter.

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

of this order.

(R.I. CHAGLA, J.) by WAISHALI SUSHIL WAGHMARE Date:

2022.08.01 17:34:56 +0530 3/3 WAISHALI SUSHIL WAGHMARE