Hindustan Unilever Limited v. Ramesh Soap Factory

911-SL910-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 910 OF 2016 WITH NOTICE OF MOTION (L) NO. 2718 OF 2016 AND LEAVE PETITION NO. 275 OF 2016 Hindustan Unilever Limited ...Plaintiffs

Versus

Ramesh Soap Factory ...Defendants Ms. Akshata Kamat, with Ms. Laher Shah, i/b W.S. Kane & Co., for the Plaintiffs.

Mr. Ravtaji Chamanji Prajapati, Proprietor of the Defendant, is present.

Mrs. Kavita Y. Ambekar, IInd Assistant to the Court Receiver, is present.

CORAM: G.S. PATEL, J DATED:

19th October 2016 PC:- 1.

For the reasons set out therein, the Leave Petition is made absolute.

2.

Mr. Ravtaji Chamnaji Prajapati, Proprietor of the Defendant, who is personally present in Court, submits to a decree in terms of 19th October 2016

911-SL910-16.DOC prayer clauses (a), (b) and (d) of the Suit. Ms. Kamath, therefore, does not press the 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 after removing detergent powder from the impugned packaging by the Defendants at their cost within a period of 12 weeks. The Defendants will file an Affidavit of compliance within a period of sixteen weeks from today. The Defendants may reuse the goods.

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. 2718 of 2016 does not survive and is disposed accordingly.

7.

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