UNILEVER PLC. Vs. ASHOK KUMAR

JUDGEMENT

(1.) Heard Mr. Bhagat, learned Counsel for the Plaintiffs. This Application is taken out by the Plaintiffs for a limited direction seeking destruction of counterfeit goods which had been seized by the Court Receiver, through the Additional Special Receivers, during the execution of the ex-parte order of this Court dated 23 rd December 2021 and which are currently retained in the premises of the Plaintiffs by retaining few samples for use as evidence in the Suit.

(2.) Considering the limited directions sought for by Mr. Bhagat, the learned counsel for the Applicants/Plaintiffs and also considering that the Defendant Nos. 2 and 3 have been served with the Interim Application as well as notice of today's date (Defendant No. 1 being John Doe/Ashok Kumar/Unknown person), as borne out from copies of WhatsApp screenshot messages which have been tendered and taken on record and marked 'X' for identification, it would be appropriate to entertain the Interim Application and pass orders thereon.

(3.) Mr. Bhagat, learned counsel appearing for the Applicants/Plaintiffs, states that the impugned counterfeit goods of the Defendants are currently retained in the premises of the Plaintiffs as per the ex-parte ad-interim order of this Court dated 23 rd December 2021. Mr. Bhagat has submitted that in view of the goods lying in the premises of the Plaintiff No. 2 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.