Hindustan Unilever Ltd. v. Reliant Chemicals

904-NMSL-2804-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 287 OF 2016 WITH NOTICE OF MOTION (L) NO. 2804 OF 2016 IN SUIT NO. 909 OF 2016 Hindustan Unilever Limited ... Plaintiff

Versus

Reliant Chemicals ... Defendant Mr. Ashutosh Kane, with Mr. Nikhil Sharma, i/b W.S. Kane and Company for the Plaintiff.

Mr. Gunjan Chaubey, for the Defendant.

Mr. M.R. Mandavgade, Officer on Special Duty to Court Receiver is present.

CORAM: G.S. PATEL, J DATED:

1st December 2016 PC:- 1.

Leave Petition No. 287 of 2016 is not on board. Mentioned. Taken on board. For the reasons set out in the Petition, it is made absolute in terms of prayer clause (a).

2.

Mr. Gunjan Chaubey, Proprietor of the Defendant, who is personally present in Court, submits to a decree in terms of prayer 1st December 2016

904-NMSL-2804-2016.DOC clauses (a), (b), (c), (d) and (f) of the Suit. Mr. Kane, 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. The packaging is to be destroyed after removing the goods. The Defendants will do this destruction at their own cost within 12 weeks and file an affidavit of compliance within 16 weeks. The goods may be reused. 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.

The Defendant agrees to withdraw his trade mark application No. 03204728 in class 03 in respect of the mark RINKO or RINKO PLUS.

7.

Notice of Motion (L) No. 2804 of 2016 does not survive and is disposed accordingly.

8.

All concerned to act on an authenticated copy of this Order. (G. S. PATEL, J.) 1st December 2016