UNILEVER PLC Vs. DEVESH SEHGAL

JUDGEMENT

(1.) Mr. Khandekar, Ld. Advocate for the Plaintiffs, submits that the Defendants have been served with a copy of the present Interim Application. An Affidavit proving service on the Defendants via Courier has been tendered in Court. He further submits that the Defendants have also been additionally served via Whatsapp and have also been intimated of today's date of hearing.

(2.) The present Interim Application has been moved seeking limited directions for destruction of counterfeit goods which have been seized by the Court Receiver vide ad-interim order dated 17 th May 2022 and the subsequent Order of 24/6/2022 under Interim Application (L) No. 15776 of 2022. The seized goods are counterfeit in nature. The same can neither be allowed to be sold nor returned to the Defendants. The Defendants, despite being served on earlier occasions, have neither appeared before this Court nor have been represented by any Advocate. No Vakalatnama is on record on behalf of the Defendants. No prejudice would be caused to the Defendants in case the present Interim Application is taken up for hearing in their absence. In view of the above, it would be appropriate to entertain the present Interim Application and pass orders thereon.

(3.) Mr. Khandekar states that the impugned counterfeit goods of the Defendants are currently retained in the premises of the second Plaintiff as per the ad-interim order of this Court dated 17 th May 2022 and 24/6/2022. He submits that in view of the impugned counterfeit goods lying in the premises of the second Plaintiff which is in their godown/warehouse/depot, situated at Gali No.1, Kadipur Industrial Area, Gurgaon, Haryana, the Plaintiffs be granted liberty to destroy the counterfeit goods, by retaining few samples for use as evidence in the Suit.