Hindustan Unilever Limited v. Ans Green Herbal Marketing Pvt. Ltd.
by JITENDRA SHANKAR NIJASURE Date:
2022.09.30 17:29:46 +0530 JITENDRA SHANKAR NIJASURE jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COM IPR SUIT (L) NO.24542 OF 2022 WITH LEAVE PETITION (L) NO.24553 OF 2022 WITH INTERIM APPLICATION (L) NO.24531 OF 2022 AND COURT RECEIVER'S REPORT NO.292 OF 2022 Hindustan Unilever Ltd.
...Applicant/ Plaintiff
Versus
ANS Green Herbal Marketing Pvt. Ltd.
...Defendant ---------- Ms. Niyati Davawala with Laher Shah i/b. Davawala and Shah LLP for Applicant / Plaintiff.
Sohil Gulabani i/b. Suryank Rao for Defendant. Ms. Rucha Ambekar, S.O. to Court Receiver.
---------- CORAM : R.I. CHAGLA J DATE :28TH SEPTEMBER, 2022 ORDER :
1.
The parties have settled their dispute. Consent Minutes of the Order 28th September, 2022 have been tendered and taken on record and marked 'X' for identification. The Consent Minutes of the 1/3
Order is signed by the Advocates for the Plaintiff and Defendants. This order is passed in terms of the Consent Minutes of the Order. 2.
The Leave Petition filed under Clause XIV of the Letters Patent Act is made absolute in terms of prayer clause (a). 3.
The undertakings, if any, in the Consent Minutes of the Order being accepted as undertakings to the Court. 4.
The Suit is disposed of and decreed in terms of the prayer clauses (a), (b) and (c) of the Plaint. 5.
The Court Receiver's Report No.292 of 2022 is disposed of. In view thereof, the Court Receiver is discharged without passing of accounts and upon payment of costs, charges and expenses to be borne by the Plaintiffs.
6.
The Interim Applications, if any, filed do not survive and are disposed of accordingly.
7.
Drawn up decree/ order is dispensed with unless the 2/3
parties seek drawn up decree/ order, in which case they are entitled to apply.
8.
A soft copy of the Consent Minutes of Order will be uploaded as the second order in the matter.
9.
The Registry is to ensure that the hard copy of the signed Consent Minutes of Order is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. 10.
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.] 3/3