2024:BHC-OS:11558
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jsn
Digitally signed
by JITENDRA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JITENDRA SHANKAR
SHANKAR
NIJASURE
NIJASURE
Date:
2024.08.02
ORDINARY ORIGINAL CIVIL JURISDICTION
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IN ITS COMMERCIAL DIVISION
COM IPR SUIT (L) NO.18723 OF 2024
Hindustan Unilever Ltd. …Plaintiff
Versus
A J Detergents …Defendant
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Laher Shah, Madhuri Tambe and Jayesh Kalebere i/b. Laher Shah for
the Plaintiff.
Sayyed Faijal Sayyed Ahemad, Proprietor of Defendant No.1 present.
Charushila Vaidya 2nd Asstt. To Court Receiver with E.S. D’Souza,
(S.O.) are present.
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CORAM : R.I. CHAGLA J.
DATE : 1ST AUGUST, 2024.
ORDER :
1. The Plaintiff and the Defendant have arrived at a
settlement in the above Suit. The Consent Terms bearing today’s date
have been tendered and is taken on record and marked ‘X’ for
identification. The Consent Terms have been signed by the
Constituted Attorneys of the Plaintiff and Advocate for the Plaintiff as
well as by the Proprietor of the Defendant. The Proprietor of the
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Defendant who has signed the Consent Terms is present in Court.
Necessary authorization of the Plaintiff authorizing the execution of
the Consent Terms is appended to the Consent Terms. Further, the
documents of identification of the proprietor of the Defendant are
also appended to the Consent Terms.
2. I am satisfied that the Consent Terms are in order, not
contrary to law and have been drawn by the parties of their own
volition in reflection of their true intentions.
3. The undertakings, if any, in the Consent Terms being
accepted as undertakings to the Court.
4. The Leave Petition (L) No.20101 of 2024 for leave under
Clause XIV of the Letters Patent Act is allowed.
5. The Defendant has submitted to a decree in favour of the
Plaintiff in terms of the prayer Clauses (a), (b) and (e) of the Plaint.
6. There is an Affidavit bearing today’s date on behalf of
Defendant filed through its Proprietor which is tendered and taken
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on record. The Affidavit confirms that the Proprietor of the
Defendant has submitted to the decree in terms of prayer Clauses (a),
(b) and (e) of the Plaint.
7. The Suit is disposed of and decreed in terms of prayer
Clauses (a), (b) and (e) of the Plaint.
8. The Interim Applications, if any, do not survive and are
disposed of accordingly.
9. In Clause 6 of the Consent Terms, the packets seized by
the Court Receiver has been agreed to be opened by the parties in the
presence of their respective representatives of both the Plaintiff and
the Defendant and the detergent powder therein to be returned to
the Defendant and the wrappers / labels forthwith destroyed.
10. In view thereof, the Court Receiver appointed by
this Court is discharged without passing of accounts and upon
payment of costs, charges and expenses to be borne by the Plaintiff.
11. The Court Receiver’s Report No.311 of 2024 stands
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disposed of.
12. In Clause 8 of the Consent Terms, it is mentioned that
the Defendant has issued a demand draft bearing No.730903 drawn
on State Bank of India dated 29th July, 2024 (incorrectly mentioned
as Union Bank of India which shall be corrected and initialed by the
Advocate for the Plaintiffs) in favour of the Plaintiff for Rs.35,000/-
towards costs mutually agreed upon between the parties and towards
full and final settlement of this Suit.
13. The learned Counsel for the Plaintiff has confirmed
having been handed over aforementioned demand draft in Court by
the proprietor of the Defendant who is present in Court.
14. Drawn up decree/ order is dispensed with unless the
parties seek drawn up decree/ order, in which case they are entitled
to apply.
15. A soft copy of the Consent Terms will be uploaded as the
second order in the matter.
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16. The Registry is to ensure that the hard copy of the signed
Consent Terms is permanently retained on file as part of the record
and is not sent for destruction in the ordinary course.
17. 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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