On consent, the court decreed the suit in terms of the prayer clauses. Ordered destruction of certain seized goods after removal by the defendant and discharged the Court Receiver.
Decreed the suit in terms of prayer clauses (a), (d), (f); ordered destruction of seized goods; discharged Court Receiver.
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Hindustan Unilever Limited v Sarda Soap Factory
920-SL-79-2017.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 79 OF 2017
WITH
NOTICE OF MOTION (L) NO. 283 OF 2017
Hindustan Unilever Limited…Plaintiffs
Versus
Sarda Soap Factory…Defendant
Mr. Ashutosh Kane, with Ms Vrinda Gambhir, i/b W.S. Kane &
Co., for the Plaintiffs.
Mr Taraji Deepaji Prajapati, Proprietor of the Defendant present.
CORAM:G.S. PATEL, J
DATED:1st March 2017
PC:-
1. By consent, the Leave Petition is made absolute.
2.Mr Taraji Deepaji Prajapati, Proprietor of the Defendant,
who is personally present in Court, submits to a decree in terms of
prayer clauses (a) to (d) and (f) of the Suit. Mr. Kane, therefore,
does not press his prayer for damages.
Page 1 of 2
1st March 2017
Hindustan Unilever Limited v Sarda Soap Factory
920-SL-79-2017.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. 283 of 2017 does not survive and is
disposed accordingly.
7. All concerned to act on an authenticated copy of this Order.
(G. S. PATEL, J.)
Page 2 of 2
1st March 2017
2 issues framed by the court
Whether to grant consent to decree against the defendant.
How to dispose of seized goods and discharge the court receiver.
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court