Hindustan Unilever Limited v. New Age Manufacturing Co. Pvt. Ltd.

903-S28-17+.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 28 OF 2017 WITH LEAVE PETITION NO. 379 OF 2016 WITH NOTICE OF MOTION (L) NO. 3477 OF 2016 Hindustan Unilever Limited ...Plaintiffs

Versus

New Age Manufacturing Co. Private Limited ...Defendants Ms. Akshata Kamath, with Ms.

Anusha Ramanathan, i/b M/s. W.S.

Kane & Co., for the Plaintiffs.

Mr. Kewal Krishan, Director of the Defendant, in person. CORAM: G.S. PATEL, J DATED:

12th January 2017 PC:- 1.

For the reasons set out in the body, the Leave Petition is allowed.

2.

Mr. Kewal Krishan, Director of the Defendant, who is personally present in Court, submits to a decree in terms of prayer clauses (a), (b) and (d) of the Suit. Ms. Kamath, therefore, does not press the prayer for damages.

12th January 2017

903-S28-17+.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 Defendant will file an Affidavit of compliance within a period of sixteen weeks from today. The Defendant 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. 3477 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.) 12th January 2017