UNILEVER PLC. Vs. VISHAL

JUDGEMENT

(1.) Mr. Kamod, Ld. Advocate for the Plaintiffs, submits that the Defendant has been served with a copy of the present Interim Application via WhatsApp. An Affidavit proving service on the Defendant has been tendered in Court. He submits that the Defendant has been intimated of today's date of hearing via WhatsApp.

(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 3 rd February 2022 under Interim Application (L) No. 2718 of 2022. The seized goods are counterfeit in nature. The same can neither be allowed to be sold nor returned to the Defendant. The Defendant, despite being served on earlier occasions, has neither appeared before this Court nor have been represented by any Advocate. No Vakalatnama is on record on behalf of the Defendant. No prejudice would be caused to the Defendant in case the present Interim Application is taken up for hearing in his absence. In view of the above, it would be appropriate to entertain the present Interim Application and pass orders thereon.

(3.) Mr. Kamod states that the impugned counterfeit goods of the Defendant are currently retained in the premises of the second Plaintiff as per the ad-interim order dtd. 3/2/2022. 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.