Asian Paints Limited vs Rahul Goda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

COMM. IP SUIT NO. 277 of 2024

Asian Paints Limited, an existing company under the Indian Companies Act, 2013, having its registered office at 6-A, Shantinagar, Santacruz (E), Mumbai — 400 055. VS. Rahul Goda, proprietor, doing business under the name and style of Supercem Industries, having its manufacturing unit at 56 A, Sector C, Sanwer Road, Indore, Madhya _s Pradesh, 452013. Defendant

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CONSENT TERMS

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The Plaintiff abovenamed has filed the present suit against the abovenamed Defendant praying inter alia for reliefs relating to infringement of its registered trade mark of ROYALE and for passing off the goods viz. emulsion, distemper, paints or other like goods used in the paint industry by the Defendant, by use of

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the impugned mark ROYAL GOLD, and for other reliefs, as more particularly mentioned in the Plaint.

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The Defendant hereby acknowledges the proprietary rights of the Plaintiff in its trade mark ROYALE being used in relation to the goods as more particularly mentioned in the Plaint. 3: The Defendant agrees and undertakes that he shall not hereafter use the impugned mark ROYAL GOLD being identical with and/or deceptively similar to the Plaintiffs trade mark ROYALE nor shall they use any other mark/s which is/are identical with and/or deceptively similar to the Plaintiff's aforementioned registered trade mark.

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The Defendant accordingly submits to a Decree in favour of the Plaintiff in terms of prayers (a), (b) and (c) of the Plaint, which reads as under :-

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a. the Defendant by themselves, their proprietor, servants, agents, assignees, stockists, distributors and all those connected with the Defendant in their business be restrained by a perpetual order and injunction of this Hon’ble Court from manufacturing, packing, marketing, distributing, selling and offering for sale _ and/or using in any manner whatsoever in relation to its emulsion, distemper, paints and such other like goods used in the paint industry, the impugned mark ROYAL GOLD and/or any mark identical with and/or deceptively similar to the Plaintiff's trade mark

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ie In case the Defendant is found to violate the above terms, then the Defendant would be guilty of contempt of this Hon’ble Court’s order and shall be liable to pay an amount of Rupees One Crore as and by way of damages to the Plaintiff. This would be in addition to all other legal remedies which the Plaintiff would then be legally entitled to institute against the Defendant abovenamed.

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Copy of the Power of Attorney in favour of Mr. Yash Patade, being the Legal Executive and Constituted Attorney of the Plaintiff and copy of the identity proof viz. Aadhar Card of Mr. Rahul Goda, being the Defendant, are appended herewith as ANNEXURES B and Crespectively.

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yY Dated this ae day of December 2024.

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Yash Patade (Legal Executive and Constituted Attorney of the Plaintiff)

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Rahul Goda (Defendant) —

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le Pualon For Vinod A. Bhagat Advocates for the Plaintiff

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Lg For Sabah Nasir Khan Advocate for the Defendant

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CR 955389
mere geigr ETERS rater, , Bae
wah COOOOOR
- §:AUG 2024
presently working as General Manager ~ Legal for Asian Paints Limited, a
Company registered under the provisions of the Indian Companies Act,
TO ALL TO WHOM THESE PRESENTS SHALL COME, I, Ami Parikh,
Registered Office at 6 A Shantinagar, Santacruz (East), Mumbai 400055
(hereinafter referred to as 'the Company') SEND GREETINGS:
1913, and governed by the provisions of the Companies Act, 2013, having its
é POWER OF ATTORNEY
Fad
ms

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WHEREAS | am the duly constituted Attorney of the Company by virtue of the Power of Attorney dated February, 24th 2023 and as such as per Clause 11 of the said Power of Attorney, I am empowered to sub-delegate any or all of any powers delegated to me, to one or more Executives of the Company. NOW KNOW TO ALL THAT [, Ami. Parikh, presently. working .as General Manager - Legal, am desirous of appointing some fit and proper person to act as an Attorney for and on behalf of the Company and I do hereby nominate, constitute, and appoint Mr. Yash Patade - Executive-I - Legal, to act in the name and on behalf of the Company and to lawfully do and execute all or any of the following acts, deeds, matters and things in respect of the aforesaid. branch of the Company that is to say ts eS :

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To fileand defend any a ( Commercial Intellectual Property suit and for that. and also to file necessary criminal cchiplaines with prior written apoval from the Company against any i individual or entity for any such violation of the ‘Company’ s intellectual property rights with the appropriate enforcement agency,. courts, Department of Police or any special agency of the State for this purpose and to take all necessary action for and on behalf of the p Sate :

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PROVIDED ALSO that this Power of Attorney: shall i pso facto stand terminated if the sald Attorney resigns from the Company' i's employment, or on his ceasing. vi ployment or on his transfer by the Company from the ese ‘place : employment for. any reason whatsoever. :

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ompany: informed, in 0! these ‘presents.

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_, 2024.

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Ami Parikh - LeftThumbimpression —_—Signature
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BY 990492
Wellat: 1 wpralerd, aug.
Tah. c ee.
- 7FEB 2023
sacl Sei wine

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POWER OF ATTORNEY

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Company registered under the provisions of the Indian Companies Act, 1913, and governed by the provisions of the Companies Act, 2013, having its Registered Office at (East), Mumbai 400055 referred

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GREETINGS: TO ALL TO WHOM THESE PRESENTS SHALL COME, I, R J Jeyamurugan, presently working as Chief Financial Officer and Company Secretary for Asian Paints Limited, a 6 A Shantinagar,

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Santacruz (hereinafter to as ‘the Company’) SEND

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WHEREAS I am the duly constituted Attorney of the Company by virtue of the Power of Attorney dated February 16, 2022and as such as per Clause 21 of the said Power of Attorney, Tam empowered to sub-delegate any or all of any powers delegated to me, to one or more Executives of the Company.

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NOW KNOW TO.ALL THAT I, R J Jeyamurugan; presently working as. Chief Financial Officer and Company Secretary, am desirous of appointing: some fit and proper person to act as an Attorney for and on behalf of the Company. and I do hereby nominate, constitute and appoint Ms Ami Parikh, GENERAL MANAGER - LEGAL to.act in the name and on behalf of the

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Company and to lawfully do and execute all or any of the following acts, deeds, matters and things in respect of the oe branch of the Company. thati is to say:-

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To sign, declare and affirm plaints, written statements, writ petitions, reply application, complaints, affidavit in reply, affidavit in rejoinder, sur-rejoinder, statement of claim, arbitration application/s, statement of defence, counter claim/s, memorandum of appeal, Vakalatnama, Objection petition, or application, consent terms, settlement agreement and other necessary documents or writings in the name of the company and on behalf of the Company and to Appear/let in evidence, before any Judge, Magistrate , Court or other officer empowered by law to hear any suit or proceeding appeal or inquiry relating to. any of the matters, relating to the Company or in which the Company may be interested and to accept service of any Writ or Summons, Notice, Rule or-other process and to appear for the’ Company and to represent the company in any Court, Tribunal, Forum: across India including ‘Supreme Court and before all Judicial or public officers or authorities as the AtoRney: shall think proper.

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.. Todefend or file any. suit.on behalf of: the Company: and for that purpose to engage lawyers, pleaders, igs or ‘send. notice; yore and: sign Plait : written, siements affidavits, rasa $C

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Law. rf

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. Toapply for, obtain, all licenses, permits, registrations, sanctions. and renewals thereof as may be necessary and appropriate for the purposes of carrying on the business of the Company and for this purpose to make, execute, sign and.-submit :all. necessary applications, forms, returns, documents and other papers to: the necessary authorities and appear: before the concerned authorities/ officers’ if necessary, in connection with obtaining all such licenses, permits, sanctions ete.

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. Tosign all letters, papers, forms, documents. including affidavits / undertakings / applications, appeal/s as may be necessary for and on behalf: of the Company. in:connection with the Competition Act, 2002 and. rules : thereof. including appearing. before the . Competition Commission of India (CGI), engaging lawyers to appear and represent | the Company in such proceedings before the CCI, Registrar of Companies, Regional Director, National Company, Law Tribunal, National Company Law y opr Tribunal pe

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. To-enter. into negotiations, make; sign, - exectite sade : lo memorandums of understanding, letters of inten deeds, pone and siaes as may in the opinion of the attorney. be. necessary. for bea: on the business of the Company under this Power of Attorney. Q

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. To demand from all such party / parties: the amount due and payable to the Company and for that purpose: to engage lawyers;, ple Z solicitors, send. notices, verify. and.sign plaints, vakalatnamas, affidavits, petitions, : swrits, : and application of all kinds including sign consent fees, settlement soeene and 3 i e them i in: anne Court or Office of Law.

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. To file criminal complaints, to the. Magistentesont to Police. Ai thorities and/; ‘or to file civil suits and to initiate and follow. a ee eins in any. Cour 0: befor yauthority against any

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ae and to allow, investigation gencies/ individuals to file necessar 'y cru iplaints with prior: ‘written’ approval’ from the Company against the said - organization/ “ir al for:any su violation of the Nee aae ey s intellectual property rights _ with the: approy } } +s or any special agency of _ the State for this: ise of the Company. |

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‘To accept: ‘service Gf any writs ee summons, notice, rule or other process and to appear for the Company and on behalf of the Company before all Judicial or Public Officers or Authorities as the Attorney shall think’ proper and to give evidence and/or’ to produce evidence oral or documentary as the Attorney may deem aan

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. To sign: Menaresiduet of: {Unerading Letter. Of: Intent, Expression of Interest, Lease Deeds, 5 and thik ‘necessary to Company and:to do and

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fo) “suc ‘as:-may' ‘be: necessary to effectuate the purpose

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fully PROVIDED that the said ‘Attorney shallot be ‘entitled to borrow any

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sum whether with of without security or to mortgage any: part: of the premises taken “on lease

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basis and'/ or by way of license without: ‘previous ipermission of the Company having been obtained in writing and provided: always that the said Attorney shall not sell or sub let the whole or any portion of the:premises’ taken on lease or license basis without the prior written consent of the Company. - : ;

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we For the better doing, performing and executing of all the matters and things aforesaid, the Company hereby further grants unto the said attorney, full power and authority to substitute and appoint in his own'place and stead (on such terms and conditions) one or more attorney jointly or severally empnene the pace of the Company, to execute on ‘behalf of the Company all the said eabeutlied eptconial eaving t the emp C yment of the : Company oron his transfer by the Company from his present place « of a eats for any reasons whatsoever.

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To appoint law firms, consultants, tele-calling agencies, investigaiive or detective agencies, recovery and/or:collection agencies, as the Attorney thinks fit and proper for carrying on the business of the Company.

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In GENERAL to do all other acts, deeds, matters and things whatsoever with regard to the aforementioned powers or as amply and effectually to all intents and purposes as if the Company or its Board of Directors could doin their own proper person and the Company do hereby agree to ratify and confirm all and whatsoever the said Attorney shall do Perpert to.do or cause to be done by virtue to these: eperent r

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PROVIDED ALSO that this Power of Attorney shall ipso facto stand terminated if the said Attorney resigns from the Company's employment or on his ceasing to be in such employment

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\ or on his leaving such employment or on his transfer by the Company from the present place of | employment for any reason whatsoever.

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PROVIDED that the said Attorney shall keep the. Company: informed; ‘in writing, of all acts, deeds

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or things done by him gs virtue of these peepenis Be

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THE COMPANY do hereby agree to ratify.and confirm whatever the said Attorney shall do or purport to do or cause to be done lawfully by virtue of these present. -

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EXECUTED ON THIS__ day of : , 2023.
Signed and Delivegs
RAMDAS S. AVLEL
SCom., LL.B. cake
Mumbai - 400 055.
Mob. No. + 9820487077
Notary G..Mu +
Clat No. 4, Sadashiv St. .: '29-0p. Hsg. Soc. Ld
ADVOCAT™ UGH COURnS Oy DEZ
Govt :
Golibar, 4th Road, Santacruz (E),

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1913, and. K registered} c i ‘cider cclled: ‘the Company’) SE

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AND. WHEREAS th India and the Company is desirous of appointing some’ itand prewertareon’ to act as its true gad’ lawful attorney for ‘the matters a WIEEEBOW ets Hehe latte eee tout: "ae

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AND: whens the Company jsé desirous Y inting Shri R. ; syamurugan, CFO & Company Secretary, be its true and lawful: ‘attorney for he: matters. and: with the powers hereinafter: set out in‘connection with the operations of the Company. s

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(NOW THESE te PRESENTS x 2k WITNESS Pes ee many do npeyn nominate, constitute and acts, deed and things: abe ¥ y

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To. ae detiare’ and S affin 4 aint : r n statement, writ petitions,^{replyapplication,} complaint, affidavit, affidavit In: replypatfidavit: in: rejoinder, ‘sur-rejoinder, statement of etalon arbitration applieation/s, statemen behalfiof the Company an or. other officer: empewera

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‘to appear for the: Company anid to fepresent: the: Compa: in any Court, Tribunal, forum PAN India including Supreme Court^{and: before’ allJudicialorpublic officersorauthoritiesas} the Attorney shall think proper. ‘defence; counter claim/s, Memorandum of

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ecessary documents in connection with. sicdnses and bf or: “securing. registrations or. transfer of: registrations under the Factories Act 1948, Central ‘Excise Act: 1944, Customs Act 1962, Income Tax Act 1961, Sales Tax Act, Value Added Tax:Act (if. applicable), Goods and Services Tax Act, 2017 and to appear, represent Derotes authorities and ‘any. other. State and Central Legislations with regard . to “construction _activity, . erection, commissioning, administration, taxation, labour and factory administration as. appiicable.

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To apply for, obtain, alllicenses, permits, ree g is istrations) anctions and. renewals thereof as. may be necessary and appropriat ‘for.the,| ficarrying on'the business of the Coppa and: for: this. purgose: ign and submit all: fieeessary

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/

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appea and.annual statements etc. and to do any ibour Laws and rules

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Tax Act ‘Authorities (ifa plicable), GS ‘Authorities; Legal Metrology Authorities, Service Tax Authorities, ‘Tribunals, Courts, udicial °/. Quasi Judicial^{Authorities,Municipal} Authorities; Government and Semi-Government Authorities or any public officer or authority and to file petitions; returns. and annual’statement and to remit, to claim and receive draw backs, ‘refund: ‘of. taxes’ or moneys or for any other purpose as may be dbeaaes tp ‘and: to nahn sign’ rece or esd for Mie ‘same.and / or to do any other

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nd ‘do: all- oe -contracts, «agreements, deeds, onthe business of the cobnipany LT Plant under this Power of Attorney.

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To’ execute ‘refund applications; ‘refund «claims, refund vouchers, receipts of monies thereon and entertain the related:correspondence thereto.on the service tax paid to the Central Government:

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To demand from all'such'party:/:parties the amount due and payable to the Company / Plant and for: that BUTOse to: engage: Sawyers pleaders, solicitors, send notices, verify affidavits; p etitions, writs, revisions and application of all nt z greement and to file them in any Court

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fee ane ; or Office of:La

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: writs, revisions and. application of. all kinds and to: file them in. any Court or Office of Law. 14. To defend any suit filed against the: Company. / Plant-and for that.purpose to engage lawyers, pleaders, send: ‘notice, verify. and sign written: statements, affidavits, petitions,

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To file. criminal complaints to o the Magistrate or o r to. so) ice Authorities aridior to file civil suits and:to initiate and follow. up: legal. proceedings in any Court or before any. authority against any person.and to do-all:acts, deeds: and things necessary or incidental in respect of offences against:the Company / Plant of the Company.

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| i 16. T | appoint Investigation: agencies. to undertake: surveys: to. ‘inquire, detect and to investigate against and_all the organizatibns/individual. for any. violation/ infringement or unauthorized or unlawful use of. the: brand: names, trade marks, : copyright, logo/s, special packing. : and. design: thereon of the Company. (registered in. the: name of the company and :/. or being. usediu e) ar passing. off substandard. and even counterfeit products, ‘visting i respect of Company's products and to. allow. investigation age le. necessary. criminal complaints: with prior: written. pprov: fr r the. ‘the. said organization/ individual for any such violation of© ithe. Company/s intellectual Property rights*:with the appropriate enforcement. agency, courts, Department of Police or: any special agency of : the State for this: purpose: and: to: take all necessary. action for and:on: ‘behalf of the Company.

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17, To|accept Service of any: writs: of. summe notic for the Company. al d:on [ ‘Authorities as. evidence oral or. documentary as: he

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To| represent: the: Company: and: appear: »before: any ay Government): Central or ‘State, Income Tax, ‘Sales: Tax. OF. ot er: n Pont: and: Export Control Licensing, Municipal, Local, Judie sl-quasijudial, revenue or any: other. public ‘body, regulary authority, officer or: officers fo ny, purpose | connected with or- relating to the - = aa besstatiods and other he company

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ary t effectuate the: ‘purpose Under: this clause lawfully : PROVIDED hat tt h e said Attorney shall ‘not be entitled to: borrow ‘any sum whether with or tod security oF: tO mortgage: any Paty of the! premises, taken’ on‘lease‘basis‘and / or: by way of! license without: previous perm oft pany having been obtained in writing and: provided always thatthe saidintorney shall r ( ‘sell or sub let the whole or. any portion of the premises: taken: on lease'or license basis without the prior written consent ofthe Company. * H

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21,.For;the better doing, performing’ & executing of all the “matters and things aforesaid, the Company hereby further grants unto the said attorney, full power-and authority to substitute and appoint in his own place'and stead (on such terms and conditions) one or more attorney Jointly or ‘severally: amongst: the employees: of the: Company, to execute on ‘behalf. of ‘the: Company: -all::powers hereby conferred’ ‘and to revoke any such appointment from time to time and to substitute or appoint any other or others in place of such. attorney, as he: may. time’ to time: think fi it, provided: that the appointment “ ‘contains a clause ‘that’ th appointment. will: automatically: terminate upon the said substituted attorney: leavin, th : ‘ ployment of the Compan “or on-his'transfer by the compenytran his present place of employment for'any reasons whatsoever.

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22; Generally to do-all other: acts, deeds; ‘matters and: ‘things: whatsoever in-or about the affatie sand= ‘business ‘of ‘the Company, ‘Branches/Factories. A Plant -Division of the Company, (existing and/or future).

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IN GENERAL to: do and -execute all such other acts; deeds, matters and things as may be necessary: for the purpose aforesaid as fully and effectually as the Company might do. at

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‘A.

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to’ y and at all times hereafter to ratify ind: confirm whatsoever the * attorney shall lawfully

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Attorney sien from tie see ment of Asian. Paints Limited, or. onhis Ceasing: to be in such PROVIDED ALSO THAT this Power of Attorney: shall ipso ce Stands terminated. if the said

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or things done by him by virtue of these presents. PROVIDED that the said Attorney shall keep the Company informed, in: wing, of all-acts, deeds

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ae ME

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"RAMDAS s, JAVLE Com., LEB. + Notary reater, Mumbal

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‘Left Thumb. Impression Signature

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Annexure

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S/O: Jitendra Goda Authentication. :
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Indore
Indore Madhya Pradesh - 452001
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VID : 9173 9098 7839 5911 mAadhaar App.
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