HINDUSTAN UNILEVER LIMITED Vs. MUKESH MEWADA

JUDGEMENT

(1.) Mr. Khandekar, 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 10 th January 2023 at the premises of the Defendants, they have neither appeared before this court by themselves, nor through their advocates. Mr. Khandekar 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 dated 10 th January 2023 which have been continued by further Orders of this court. An affidavit proving service on the Defendants has been tendered in Court and taken on record.

(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 10 th January 2023 which have been continued by further Orders of this court under Interim Application (L) No. 311 of 2023. 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 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 thereof, 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 Plaintiff as per the ad-interim order of this court dated 10 th January 2023. He submits that the impugned counterfeit goods are lying in the premise of the Plaintiff which is in its godown/warehouse/depot at Survey No. 121, Chocodusk Gifts Pvt. Ltd., Jivanjipada, Bhilkaymata Road, Bhilad (East), Gujarat - 396105.