Hindustan Unilever Limited v. Zip Enterprises

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 18225 OF 2021 IN COMMERCIAL IP SUIT (L) NO. 18214 OF 2021A Hindustan Unilever Limited ...Plaintiff

Versus

Zip Enterprises ...Defendant Mr Alankar Kirpekar, i/b Neelaja Kirpekar & Shekhar Bhagat, for the Plaintiff.

Mr Pankaj, AR, Defendant company present online.

Mr S Dhekale, OSD, Court Receiver present.

CORAM:G.S. PATEL, J DATED: 11th October 2021 PC:- ARUN RAMCHNDRA SANKPAL by ARUN RAMCHNDRA SANKPAL Date: 2021.10.12 09:34:00 +0530 1.

The Defendant is online. He is agreeable to submitting to a decree in terms of prayer clauses (a) and (b). 2.

The petition for leave under Clause XIV of the Letters Patent is made absolute.

3.

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

4.

Mr Kirpekar on instructions therefore does not press his prayer for damages.

5.

The Commercial Suit is disposed of in these terms. 6.

Drawn up decree/order is dispensed with. However, liberty to the parties to apply for a drawn up decree/order, if required. 7.

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. 8.

The seized goods that are with the Defendant are to be destroyed within a period of three weeks from today in the presence of the Plaintiff's representatives.

9.

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 from the Plaintiff.

10. The IA is infructuous and is disposed of accordingly.

11. There will be no order as to costs.

of this order.

(G. S. PATEL, J)