This limited order confirms an interim ex-parte order as a final order on a Notice of Motion. The court made the interim order absolute and noted it stems from a Notice of Motion (No. 578 of 2017) in a High Court Original Civil Suit.
The notice of motion and leave petition are made absolute; the interim order is confirmed as final; costs are awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
910-NMS578-17.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 578 OF 2017
IN
SUIT NO. 178 OF 2017
WITH
LEAVE PETITION NO. 75 OF 2017
…Plaintiffs
Unilever PLC & Anr…Plaintiffs
Versus
Berry Ice cream…Defendant
Mr Ashutosh Kane, i/b Ms Akshata Kamath & Ms Ashwini
Khalapurkar, i/b WS Kane & Co, for the Plaintiffs.
Dr MS Deshpande, Court Receiver, present.
CORAM:G.S. PATEL, J
DATED:22nd March 2017
PC:-
1.There is an ex parte ad-interim order dated 28th February
2017. The Defendant has been served. None appears for the
Defendant, though served.
2.The learned Advocates for the Plaintiffs will file Affidavit of
Service on or before 31st March 2017.
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22nd March 2017
910-NMS578-17.DOC
3. The Clause XIV Leave Petition No. 75 of 2017 is made absolute.
4.For the reasons set out in the order dated 28th February 2017,
it is confirmed as the final order on this Notice of Motion. In
addition, now that the Defendant has been served, there will also be
an order in terms of prayer clause (b).
5.The Notice of Motion is made absolute in these terms with
costs. In addition, the Plaintiffs will be entitled to the actual costs of
this Notice of Motion at the final hearing of the Suit. Compliance
with Rule 596 of the High Court (OS) Rules is dispensed with.
6. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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22nd March 2017
Unilever PLC & Anr.
Berry Ice cream
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court