Single judge decreed a suit. Defendant submitted to decree. Plaintiff discharged court receiver. Sealed goods to be destroyed by defendant within 12 weeks. Leave petition made absolute.
Defendants to destroy sealed goods after removing impugned packaging within 12 weeks; defendant to maintain court receiver discharged.
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922-NMSL2865-16.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 942 OF 2016
WITH
NOTICE OF MOTION (L) NO. 2865 OF 2016 AND
LEAVE PETITION NO. 291 OF 2016
…Plaintiffs
Hindustan Unilever Limited…Plaintiffs
Versus
Nilkanth Chemical…Defendants
Mr. Himanshu Kane, a/w Mr. Ashutosh Kane, i/b W. S. Kane & Co.,
for the Plaintiffs.
Mr. Hareshkumar K. Gajra, Proprietor of the Defendant, present.
CORAM: G.S. PATEL, J DATED: 26th October 2016
PC:-
1.For the reasons set out therein, the Leave Petition is made
absolute.
2.Mr. Hareshkumar K. Gajra, Proprietor of the Defendant, who
is personally present in Court, submits to a decree in terms of prayer
clauses (a), (b) and (c) of the Suit. Ms. Kamath, therefore, does not
press the prayer for damages.
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26th October 2016
922-NMSL2865-16.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
Defendants will file an Affidavit of compliance within a period of
sixteen weeks from today. The Defendants 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. 2869 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.)
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26th October 2016
1 provisions across 1 enactments
Hindustan Unilever Limited
Nilkanth Chemical
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court