GA No.1992 of 2016 CS No.167 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNILEVER PLC. & ANR. -Versus- THREE LEAVES INDIA (PVT.) LTD. Appearance: Mr. Siddhartha Mitra, Sr. Adv. Ms. Mousumi Bhattacharyya, Adv. Mr. Domingo Gomes, Adv. ...for the petitioner. Mr. Debnath Ghosh, Adv. Mr. Chanchal Dutta, Adv. ...for the respondent.
The Hon'ble JUSTICE SOUMEN SEN Date : 18th May, 2017.
The Court : The affidavit affirmed by Sri Sovan Gupta dated 16th May, 2017 disclosing the stocks as on 6th May, 2017 is taken on record. The respondents have given an undertaking that they shall use the device as shown in Annexure-B to the affidavit filed on 8th May, 2017 and not the device as shown in Annexure-A to the said affidavit. The affidavit of undertaking dated 8th May, 2017 is also taken on record.
In view of the aforesaid undertaking the defendants shall not use the device mark being Annexure-A to the affidavit dated 8th May, 2017 after 31st August, 2017. It would be the 2 responsibility of the defendant to inform its dealers about the said order since any single sale of the product after 31st August, 2017 may visit the respondent with an action for contempt.
G.A.No.1992 of 2016 stands disposed of. The parties shall be at liberty to mention for disposal of the suit on the basis of the aforesaid undertaking after 31st August, 2017.
(SOUMEN SEN, J.) A/s.