HINDUSTAN UNILEVER LIMITED Vs. AZIZUR RAHMAN

JUDGEMENT

(1.) Mr. Kamod, learned Advocate for the Plaintiff submits that till date, after being served with the papers and proceedings during the execution of the ex-parte ad-interim order dated 14 th September 2022 at the premises of the Defendants, the Defendants have neither appeared before this Court by themselves, nor through their advocates. He submits that the Writ of Summons issued against the Defendants with respect to the present suit has also been returned. He submits that despite of being aware of today's hearing, the Defendants have deliberately chosen to remain absent today. Mr Kamod further submits that the Defendants have been intimated about the present application via WhatsApp on their respective numbers which were obtained during the execution of the ex- parte ad-interim order dtd. 14/9/2022. An Affidavit proving service on the Defendant has been tendered in Court.

(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 14 th September 2022 under Interim Application (L) No. 29115 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 when the ad-interim order dated 14 th September 2022 was executed, have neither appeared before this Court nor have been represented by an 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. Kamod 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 14 th September 2022. He submits that in view of the impugned counterfeit goods lying in the premises of the second Plaintiff which is in its godown/warehouse/depot Rauta, Uluberia, Howrah, West Bengal 711316. The Plaintiff be granted liberty to destroy the counterfeit goods, by retaining few samples for use as evidence in the Suit.