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Bombay High CourtNMS/2876/2016disposed off

Hindustan Unilever Limited v. J K Cottage Industries

2016-11-21Hon'Ble Shri Justice G.S. Patel2 pages

904-SL992-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 992 OF 2016 WITH NOTICE OF MOTION (L) NO. 3079 OF 2016 AND LEAVE PETITION NO. 319 OF 2016 Hindustan Unilever Limited ...Plaintiffs

Versus

J.K. Cottage Industries ...Defendants Ms. Akshata Kamath, with Ms. Chitra Sundar, i/b W.S. Kane & Company, for the Plaintiffs.

Mr. Dipan J. Nadiyapara, Proprietor of the Defendant, is present. Mr. G.G. Ketkar, IInd Assistant to the Court Receiver, is present.

CORAM: G.S. PATEL, J DATED:

21st November 2016 PC:- 1.

Leave Petition No. 319 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. Dipan J. Nadiyapara, Proprietor of the Defendant, who is personally present in Court, submits to a decree in terms of prayer 21st November 2016

904-SL992-16.DOC 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. 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.

Notice of Motion (L) No. 3079 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.) 21st November 2016