Unilever Plc And ANR v. Anurag Tiwari And 2 ORS

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IPR SUIT NO. 481 OF 2022 WITH INTERIM APPLICATION NO. 260 OF 2023 WITH LEAVE PETITION (L) NO. 24550 OF 2022 WITH COURT RECEIVER'S REPORT NO. 294 OF 2022 Unilever Plc. & Anr.

...Applicants/ Plaintiffs

Versus

Anurag Tiwari & Ors.

...Defendants ---------- Mr. Vinod Bhagat a/w Mr. Atif Sayyed i/b Vinod A. Bhagat for the Plaintiff.

Mr. Shubhankar Avhad i/by Aditya Talpade for the Defendant Nos. 1, 2 and 4.

Mr. S.K. Dekhale, Court Receiver present.

---------- CORAM : R.I. CHAGLA J DATE : 7 June 2023 ORDER :

1.

The Plaintiffs and Defendants have arrived at a settlement in Commercial IPR Suit No. 481 of 2022. Consent Minutes 1/4

of Order bearing today's date is tendered. The Consent Minutes of Order are taken on record and marked 'X' for identification. The Consent Minutes of Order have been signed by the Advocates for the Plaintiffs and the Advocate for the Defendants. This order is passed in terms of Consent Minutes of Order marked X.

2.

The Plaintiffs are permitted to carry out the amendment in terms of Clauses 1 and 2 of the Consent Minutes of Order by addition of Prabhashankar Tiwari as Defendant No. 4 and by deletion of Defendant No. 2 viz. Pawan Tiwari and substitute Vimla Tiwari with Pawan Tiwari as Defendant No. 2.

3.

Amendment in the cause title of the Commercial IPR Suit shall be carried out within a period of one week from the date of this order. Re-verification is dispensed with, 4.

In accordance with the Consent Minutes of Order, leave under Clause 14 of the Letters Patent Act is allowed. 5.

The undertakings in the Consent Minutes of Order being accepted as undertakings to the Court.

2/4

6.

Commercial IPR Suit No. 481 of 2022 is disposed of and decreed in terms of prayer clauses (a), (b), (c) and (d) of the Plaint, which are reproduced in Clause 7 of the Consent Minutes of Order. 7.

Pending Interim Applications do not survive and are accordingly disposed of.

8.

Court Receiver appointed by this Court stands discharged without drawing up accounts and upon payment of costs, charges and expenses to be borne by the Plaintiff.

9.

Court Receiver's Report No. 294 of 2022 is disposed of. 10.

Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply.

11.

A soft copy of the Consent Minutes of Order will be uploaded as the second order in the matter.

12.

The Registry is to ensure that the hard copy of the signed 3/4

Consent Minutes of Order is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. 13.

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. [R.I. CHAGLA J.] 4/4