Hindustan Unilever Ltd. v. Nilkanth Chemical

922-NMSL2865-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 942 OF 2016 WITH NOTICE OF MOTION (L) NO. 2865 OF 2016 AND LEAVE PETITION NO. 291 OF 2016 Hindustan Unilever Limited ...Plaintiffs

Versus

Nilkanth Chemical ...Defendants Mr. Himanshu Kane, a/w Mr.

Ashutosh Kane, i/b W. S. Kane & Co., for the Plaintiffs.

Mr. Hareshkumar K. Gajra, Proprietor of the Defendant, present. CORAM: G.S. PATEL, J DATED:

26th October 2016 PC:- 1.

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

2.

Mr. Hareshkumar K. Gajra, Proprietor of the Defendant, who is personally present in Court, submits to a decree in terms of prayer clauses (a), (b) and (c) of the Suit. Ms. Kamath, therefore, does not press the prayer for damages.

26th October 2016

922-NMSL2865-16.DOC 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 the goods 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. 2869 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.) 26th October 2016