Hindustan Unilever Limited vs Kalpataru Food Products — Bombay HC (2025) — LawSathi Research

Hindustan Unilever Limited vs Kalpataru Food Products — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed in accordance with the consent terms (marked 'X'); undertakings in the consent terms treated as undertakings to the Court; defendant to destroy all infringing and impugned goods within two weeks of execution of the consent terms; Court Receiver discharged without passing of accounts with costs, charges and expenses (if any) borne by the plaintiff and the Receiver's report disposed of; Court fees to be refunded as per the Rules with a certificate to issue without a separate application; Leave Petition (L) No. 3280 of 2024 allowed; pending applications disposed of.

Issue for consideration

Whether the suit should be decreed in accordance with the consent terms executed between the parties. +1 more

Court's answer

The consent terms appear to be in order and the undertakings stated in the consent terms are treated as undertakings to the Court.

Ratio / Principle

The suit stands decreed as per the consent terms.

Key takeaways

Under clause (d) of the consent terms, the defendant undertakes to destroy all infringing and impugned goods within two weeks from execution of the consent terms.ratio¶25
The Court Receiver stands discharged without passing up of accounts, with any costs, charges and expenses to be borne by the plaintiff.ratio¶27
The Court fees shall be refunded as per the Rules, and for the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, the date of the order is treated as the date of making a claim for repayment.

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Manish Pitale, J.) decreed Commercial IP Suit No. 321 of 2024 (Hindustan Unilever Limited v. Kalpataru Food Products) in terms of consent terms executed between the parties and taken on record as 'X'. The undertakings in the consent terms were treated as undertakings to the Court; under clause (d) the defendant undertook to destroy all infringing and impugned goods within two weeks of execution. The Court Receiver was discharged without passing up of accounts, any costs, charges and expenses being borne by the plaintiff, and Court Receiver Report No. 151 of 2024 was disposed of. Court fees were directed to be refunded as per the Rules, with the date of the order deemed the date of claim under Section 43 of the Maharashtra Court Fees Act and the proviso thereto, and the Prothonotary and Senior Master directed to issue a refund certificate on an authenticated copy of the order without a separate application. Leave Petition (L) No. 3280 of 2024 was allowed upon service of the defendant, and pending applications were disposed of.

901_COMIP321_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS COMMERCIAL DIVISION

COMMERCIAL IP SUIT NO.321 OF 2024

Hindustan Unilever Limited … Vs.

Applicant / Plaintiff

Kalpataru Food Products … Respondent / Defendant

WITH

LEAVE PETITION (L) NO.3280 OF 2024

WITH

COURT RECEIVER REPORT NO.151 OF 2024

IN

COMMERCIAL IP SUIT NO.321 OF 2024

Ms. Prachi Shah a/w. Ms. Sonam Pradhan i/b. Mr. V. A. Bhagat for Applicant / Plaintiff.

Mr. Akshay Kumar Chudiwal, Proprietor of Defendant. Ms. Charushila Vaidya, 2^nd Assistant to Court Receiver.

CORAM : MANISH PITALE, J. DATE : JANUARY 31, 2025

P.C. :

. Ms. Shah, learned counsel for the plaintiff informs this Court that the dispute with the defendant is settled and that, consent terms have been executed. The consent terms have been signed by the constituted attorney of the plaintiff, the advocate for the plaintiff as also the proprietor of the defendant. Photocopy of the Aadhar Card of the defendant is also annexed. Original Aadhar Card is presented for perusal of this Court. The same is returned to the defendant.

The constituted attorney of the plaintiff has joined the proceedings through video conferencing and the proprietor of the defendant is present in person.

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901_COMIP321_24.doc

The consent terms are taken on record and marked ‘X’.

The consent terms appear to be in order. The undertakings stated in the consent terms shall be treated as undertakings to this Court.

The suit stands decreed as per the consent terms. As per clause (d) of the consent terms, the defendant undertakes to destroy all the infringing and impugned goods within two weeks from the execution of the present consent terms.

A soft copy of the consent minutes of the order shall be uploaded as the second order in the matter. The hard copy, duly signed by the advocates appearing for the respective parties, shall be retained in the record and shall not be sent for destruction in the ordinary course.

The Receiver stands discharged without passing up of accounts and upon payment of costs, charges and expenses, if any, to be borne by the plaintiff. The report of the Receiver is accordingly disposed of.

The Court fees shall be refunded as per the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso thereto, today’s date shall be the date of making a claim for repayment. The Prothonotary and Senior Master shall proceed to issue a certificate for refund of Court fees on the basis of an authenticated copy of this order without insisting upon a separate application.

Considering the statements made in the leave petition, now that the defendant has been served, in the interest of justice, leave petition deserves to be granted. Accordingly, Leave Petition is allowed.

In the light of the suit being decreed, the pending applications are also disposed of.

(MANISH PITALE, J.)

Minal Parab

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