2024:BHC-OS:11731
4-COMIP(L) 19009.2024 with IA(L) 19249.24, LPETN(L) [Link]
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IPR SUIT (L) NO.19009 OF 2024
Hindustan Unilever Limited … Plaintiff
Versus
Maptrons formulation Private Limited … Defendant
WITH
INTERIM APPLICATION (L) NO.19249 OF 2024
IN
COMMERCIAL IPR SUIT (L) NO.19009 OF 2024
WITH
LEAVE PETITION (L) NO.19326 OF 2024
IN
COMMERCIAL IPR SUIT (L) NO.19009 OF 2024
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Ms. Niyati Davawala a/w Mr. Anil Shete, Ms. Simran Khan i/b Niyati
Davawala for the Plaintiff.
Advocate Shruti Keer (A.O.R.) for the Defendant.
Ms. Charushila Vaidya, IInd Assistant to the Court Receiver present.
----------
CORAM : R.I. CHAGLA, J.
KAVITA
SUSHIL
JADHAV DATED : 2ND AUGUST, 2024.
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2024.08.05
[Link] +0530 ORDER :
1. The Plaintiff and Defendant have arrived at a settlement in the
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above Suit. The Consent Minutes of Order bearing today’s date is
tendered and taken on record and marked ‘X’ for identification. The
Consent Minutes of Order has been signed by the Advocate for the
Plaintiff and Advocate for the Defendant. This order is passed in terms
of Consent Minutes of Order marked ‘X’.
2. Leave Petition (L) No.19326 of 2024 under Clause XIV of
the Letters Patent taken out by the Plaintiff is allowed.
3. The undertakings in the Consent Minutes of Order being
accepted as undertakings to the Court.
4. The Defendant has submitted to a Decree in terms of prayer
Clauses (a), (b) and (c) of the Plaint.
5. The Suit is disposed of and decreed in terms of prayer
Clause (a), (b) and (c) of the Plaint.
6. In Clause 5 of the Consent Terms the parties have agreed
that the packaging material seized by the Court Receiver shall be opened
by the parties in the presence of their respective representatives and the
dishwashing preparations therein shall be returned to the Defendant
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and the packaging material shall be destroyed within a period of four
weeks from today by the Defendant and the Defendant will do this
destruction at their own cost.
7. In view thereof, the Court Receiver appointed by this Court
is discharged without drawing up accounts and on payment of costs,
charges and expenses to be borne by the Plaintiff.
8. In Clause 8 of the Consent Terms, it is mentioned that the
Defendant has issued a Demand Draft bearing No.521674 drawn on
State Bank of India dated 26 th July, 2024 in favour of the Plaintiff for an
amount of Rs.1,00,000/- towards full and final settlement of the Suit.
9. The learned Advocate for the Plaintiff confirms the handing
over of the aforementioned Demand Draft by the learned Advocate for
the Defendant in Court.
10. The Interim Application (L) No.19249 of 2024 does not
survive and is accordingly disposed of.
11. Drawn up decree/order is dispensed with unless the parties
seek drawn up decree/order, in which case they are entitled to apply.
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12. A soft copy of the Consent Minutes of Order will be
uploaded as the second order in the matter.
13. The Registry is to ensure that the hard copy of the signed
Consent Minutes of Order is permanently retained on file as part of the
record and is not sent for destruction in the ordinary course.
14. Court fees are to be refunded in accordance with the Rules.
For the purposes of Section 43 of the Maharashtra Court Fees Act and
the proviso to that Section, today’s date is the date of making a claim for
repayment. The Prothonotary & Senior Master will issue a certificate for
a refund of Court Fees computed according to the Rules. He will act on
production of an authenticated copy of this order without requiring a
separate application.
[R.I. CHAGLA, J.]
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