Hindustan Unilever Limited v. Sun Light Enterprises

908-SL996-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 996 OF 2016 WITH NOTICE OF MOTION (L) NO. 3091 OF 2016 AND LEAVE PETITION NO. 322 OF 2016 Hindustan Unilever Limited ...Plaintiffs

Versus

Sun Light Enterprises ...Defendants Ms. Akshata Kamath, with Ms. Chitra Sundar, i/b W.S. Kane & Company, for the Plaintiffs.

Mr. Manish Jayantibhai Kachhadiya, 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. 322 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. Manish Jayantibhai Kachhadiya, Proprietor of the Defendant, who is personally present in Court, submits to a decree 21st November 2016

908-SL996-16.DOC in terms of prayer clauses (a), (b), (c) and (e) 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 Defendant will have till 3rd March 2017 to change the name of his Proprietorship firm, so that it does not include the offending mark.

6.

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.

7.

Notice of Motion (L) No. 3091 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.) 21st November 2016