Hindustan Unilever Limited v. Ashok Kumar

26-IA-1501-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION TALLE SHUBHAM ASHOKRAO TALLE SHUBHAM ASHOKRAO Date: 2025.08.12 19:44:33 +0530 INTERIM APPLICATION NO. 1501 OF 2024 IN COMMERCIAL IP SUIT NO. 230 OF 2023 Hindustan Unilever Limited ... Applicant/ Plaintiff

Versus

Ashok Kumar ... Defendant ------ Mr. Vinod Bhagat, Ms. Twisha Singh i/by Vinod A Bhagat for Applicant/Plaintiff. Mr. Kartik Kumar Agarwal for the Defendant through VC. Mr. Deepak S. Bhalerao 2nd Asst to Court Receiver present. ------ Coram : Sharmila U. Deshmukh, J.

Date : August 8, 2025.

P. C. :

1.

By order of 19th July 2023, this Court had passed ad-interim relief in respect of infringement of trade mark and copyright and the Court Receiver came to be appointed.

2.

The order was executed by the Court Receiver and the adinterim relief which was granted was extended from time to time. At the stage of grant of ad-interim relief as leave under clause XIV of Letters Patent (Bombay) was not obtained the relief in respect of passing off was not considered. Subsequently by order of 8th July, 2025 the leave Petition was allowed as there was no opposition to the Application and the ad-interim relief in respect of passing off action Shubham 1 of

26-IA-1501-2024.doc was granted.

3.

There is no reply which has been filed by the Defendants though they are represented by an Advocate. By order of 8th July, 2025 it was clarified that in event the matter is not settled the Court will take the notice of motion for further consideration. Despite liberty being given to the Defendant to file affidavit-in-reply there is no affidavit-in-reply which has been filed.

4.

Learned Counsel appearing for the Defendant Nos. 2 and 3 submits on instruction that Defendant do not intend to manufacture/ market the products and has no objection to the notice of motion being made absolute. As there is no response placed on record by the Defendant Nos. 2 and 3 in order to dispute the prima facie findings which have been arrived at by order of 19th July, 2023 and 8th July, 2025, there is no reason why the ad-interim relief should not be confirmed as interim relief.

5.

In light of the above discussion, the ad-interim relief granted by order of 19th July, 2023 and 8th July, 2025 are confirmed as interim relief in terms of prayer clause (a), (b), (c), and (e) of the Interim Application.

6.

Interim Application is allowed in the above terms. [Sharmila U. Deshmukh, J.] Shubham 2 of