Bombay High Court
Raymond Limited vs M. S. Fine Fabrics And 2 Ors on 6 April, 2021
Author: S.J.Kathawalla
Bench: S.J. Kathawalla
Swaroop Digitally signed
by Swaroop S.
S. Phadke
Date: 2021.04.06
Phadke 18:50:02 +0530
comip 233 of 2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMIP NO.233 OF 2018
Pidilite Industries Ltd. ... Plaintiff
versus
Viadika Polyfix Pvt. Ltd. ... Defendant
WITH
COMIP NO.364 OF 2018
Raymond Limited ... Plaintiff
versus
M.S.Fine Fabrics and Ors. ... Defendant
WITH
COMIP NO.445 OF 2018
Raymond Limited ... Plaintiff
versus
Mohammed Hanif Khan and Ors. ... Defendants
WITH
COMIP NO.371 OF 2018
Raymond Limited ... Plaintiff
versus
Modern Textiles and Tailoring Co. and Anr. ... Defendants
WITH
COMIP NO.368 OF 2018
Raymond Limited ... Plaintiff
versus
M.M.Textiles and Ors. ... Defendants
WITH
COMIP NO.429 OF 2018
Raymond Limited ... Plaintiff
versus
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comip 233 of 2018.doc
Rajesh Textiles and Tailors and Anr. ... Defendants
WITH
COMIP NO.442 OF 2018
Raymond Limited ... Plaintiff
versus
Mens Fabric and Anr. ... Defendants
WITH
COMIP NO.430 OF 2018
Raymond Limited ... Plaintiff
versus
Kanak Fashion Corner and Anr. ... Defendants
WITH
COMIP NO.513 OF 2018
Marico Limited ... Plaintiff
versus
Vivek Mittal ... Defendant
WITH
COMIP NO.429 OF 2018
Raymond Limited ... Plaintiff
versus
Rajesh Textiles and Tailors and Anr. ... Defendants
WITH
COMIP NO.442 OF 2018
Raymond Limited ... Plaintiff
versus
Mens Fabric and Anr. ... Defendants
WITH
COMIP NO.442 OF 2018
Raymond Limited ... Plaintiff
versus
Mens Fabric and Anr. ... Defendants
WITH
COMIP NO.430 OF 2018
Raymond Limited ... Plaintiff
versus
Kanak Fashion Corner and Anr. ... Defendants
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comip 233 of 2018.doc
WITH
COMIP NO.447 OF 2018
Ultratech Cement Ltd. and Anr. ... Plaintiffs
versus
Everest Industries and Ors. ... Defendants
WITH
COMIP NO.545 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Himalaya Udyog ... Defendant
WITH
COMIP NO.519 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Ashok Prajapati Trading as Sapna Gruh Udhyog ... Defendant
WITH
COMIP NO.558 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Gopinath Chemical (Gruh Udyog) ... Defendant
WITH
COMIP NO.557 OF 2018
Unilever PLC and Anr. ... Plaintiffs
versus
Parmeshwari Ice Cream Pvt. Ltd. ... Defendant
WITH
COMIP NO.711 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Tanvi Enterprises ... Defendant
WITH
COMIP NO.560 OF 2018
Unilever PLC and Anr. ... Plaintiffs
versus
Dharmendra Kumar Trading as Honey Ice Cream
and Anr. ... Defendant
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comip 233 of 2018.doc
WITH
COMIP NO.559 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Tarsem Handa ... Defendant
WITH
COMIP NO.571 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Juneja Chemicals and Ors. ... Defendants
WITH
COMIP NO.509 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Hariom Chemical ... Defendant
WITH
COMIP NO.508 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Power Chemical Chakulia ... Defendant
WITH
COMIP NO.501 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Jagadamba Chemicals ... Defendant
WITH
COMIP NO.520 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Swachh Bharat Chemicals ... Defendant
WITH
COMIP NO.569 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Joy Balaram Soap Works ... Defendant
WITH
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comip 233 of 2018.doc
COMIP NO.624 OF 2018
Unilever PLC and Ors. ... Plaintiffs
versus
Shivji Enterprises ... Defendant
WITH
COMIP NO.665 OF 2018
Unilever PLC and Ors. ... Plaintiffs
versus
Best Drinks ... Defendant
WITH
COMIP NO.590 OF 2018
Bayer Cropscience Ltd. ... Plaintiff
versus
Navranta Green Agro Industries ... Defendant
WITH
COMIP NO.753 OF 2018
Hindustan Unilever Ltd. ... Plaintiff
versus
Navranta Green Agro Industries ... Defendant
WITH
COMIP NO.655 OF 2018
Hindustan Unilever Ltd. ... Plaintiff
versus
Patna Detergent & Anr. ... Defendants
WITH
COMIP NO.580 OF 2018
Hindustan Unilever Ltd. ... Plaintiff
versus
B.M.Shop and Detergent ... Defendant
WITH
COMIP NO.665 OF 2018
Unilever PLC and Anr. ... Plaintiff
versus
Best Drinks ... Defendant
WITH
COMIP NO.563 OF 2018
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comip 233 of 2018.doc
Hindustan Unilever Ltd. ... Plaintiff
versus
HMT Detergents ... Defendant
WITH
COMIP NO.683 OF 2018
Hindustan Unilever Ltd. ... Plaintiff
versus
Sri Anjaneya Industries ... Defendant
WITH
COMIP NO.246 OF 2015
Ultratech Cement Ltd. and Anr. ... Plaintiffs
versus
Pangli Cement Co. Pvt. Ltd. and Ors. ... Defendants
WITH
COMIP NO.704 OF 2018
Unilever PLC and Anr. ... Plaintiffs
versus
Kothari Food Products ... Defendant
WITH
COMIP NO.624 OF 2018
Unilever PLC and Anr. ... Plaintiffs
versus
Shivji Enterprises ... Defendant
WITH
COMIP NO.710 OF 2018
Mavji Gandhi ... Plaintiff
versus
Mukesh Gandhi ... Defendant
WITH
COMIP NO.753 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
K. Kanhiya Soap and Detergent ... Defendant
WITH
COMIP NO.700 OF 2018
Hindustan Unilever Limited ... Plaintiff
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comip 233 of 2018.doc
versus
Vinayak Soap Factory ... Defendant
WITH
COMIP NO.726 OF 2018
Unilever PLC and Anr. ... Plaintiffs
versus
Lucky Ice Cream ... Defendant
WITH
COMIP NO.713 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Himansh Varshney ... Defendant
WITH
COMIP NO.859 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Krishna Industries and Ors. ... Defendants
WITH
COMIP NO.562 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
Hindustan Glass and Silicate Works ... Defendant
WITH
COMIP NO.781 OF 2018
Unilever PLC and Anr. ... Plaintiffs
versus
New Modella Ice Cream and Anr. ... Defendants
WITH
COMIP NO.1056 OF 2018
Unilever PLC and Anr. ... Plaintiffs
versus
New Modella Ice Cream and Anr. ... Defendants
WITH
COMIP NO.1242 OF 2018
Hindustan Unilever Limited ... Plaintiff
versus
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comip 233 of 2018.doc
Jai Hind Gruh Udhyog ... Defendant
WITH
COMIP NO.792 OF 2018
UPL Limited ... Plaintiff
versus
Puregene Agritech Seeds Pvt. Ltd. and Anr. ... Defendants
WITH
COMIP NO.1181 OF 2018
UPL Limited ... Plaintiff
versus
Plant Agro Hybrid Seeds ... Defendant
WITH
COMIP NO.716 OF 2018
Sun Pharmaceuticals Industries Ltd. ... Plaintiff
versus
Zenlabs Ethicia Ltd. and Anr. ... Defendant
WITH
COMIP NO.280 OF 2018
Cello Plastic Industrial Works and Ors. ... Plaintiffs
versus
Ravindra Kumar and Anr. ... Defendants
WITH
COMIP NO.460 OF 2018
Cello Plastic Industrial Works and Ors. ... Plaintiffs
versus
Radheshyam Tibrewal and Anr. ... Defendants
Mr. Hiren Kamod alongwith Mr. Dhiren Karania instructed by Khaitan & Co. in Serial
Nos.1 to 12, 14, 26, 31, 44, 45 and 47.
Mr. Hiren Kamod alongwith Ms. Niyati Davawala instructed by ALJ & Partners in
Serial Nos.30 and 40.
Mr. Hiren Kamod alongwith Mr. Mahesh A. Mahadgut in Serial Nos.49 to 51.
Mr. Hiren Kamod alongwith Mr. Gautam Panchal instructed by Gautam & Co. in
Serial Nos.52 to 54.
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comip 233 of 2018.doc
CORAM: S.J. KATHAWALLA, J.
DATE: 29th JANUARY, 2021/6th APRIL, 2021
( In Chambers )
P.C.
1. In the above Suits, this Court has from time to time directed the Defendants to pay costs to the Plaintiffs. However, the Plaintiffs have informed the Court that the amount deposited by the Defendants with the Prothonotary and Senior Master of this Court towards costs may be used for charitable objects. I have today gone through the statement submitted by the Office of the Prothonotary and Senior Master of this Court showing the principal amounts deposited by the Prothonotary and Senior Master in fixed deposit accounts and the interest accrued thereon and which will further accrue upto 27th March, 2021 when all the said fixed deposits would mature. A copy of the said statement is taken on record and marked 'X' for identification. The total amount that will be received by the Prothonotary and Senior Master on 27 th March, 2021 upon encashment of all the Fixed Deposits would be an aggregate amount of Rs.1,46,87,156/-. In addition thereto, an amount of Rs.4 Lakhs is with the Advocate appearing for the Plaintiffs in COMIP Suit Nos.792 of 2018 and 1181 of 2018, which he will be depositing with the Prothonotary and Senior Master of this Court within a period of one week from the date of uploading of this order. The Prothonotary and Senior Master will therefore, be having an amount of Rs.1,50,87,156/- for disbursement towards various charitable objects. The learned ssp 9/13 comip 233 of 2018.doc Advocates for the parties have on instructions agreed that the said amount of Rs.1,50,87,156/- be disbursed by the Prothonotary and Senior Master as follows :
Sr.No. Name of the Charity/Organization Amount (Rs.) 1 The Society for Rehabilitation of Crippled Children, 1,00,00,000/-
which works for the education and rehabilitation of children and adults with physical and multiple disabilities from a low economic group.
2 Narayana Hrudayalaya Charitable Trust. 5,17,156/- The Trust has been carrying out activities for the furtherance of general public welfare and upliftment of the needy and deserving sections of the society irrespective of the caste, creed and religion. It also provides support for health care facilities to needy people of society at large, they have also been carrying out programmes to help and assist in unfolding the creative potentials and talents of the children and amateurs. 3 Association of Parents of Mentally Retarded Children i.e. 5,00,000/- AADHAR Foundation, which gives a lifetime shelter to the mentally challenged adults, and works towards their enrichment, protection and development.
4 Shanti Avedana Sadan, a charitable trust/institution that 5,00,000/- takes care of the advanced terminally ill Cancer Patients. 5 Bombay Society for Prevention of Cruelty to Animals, an 5,00,000/- organization which gives service to all types of sick and injured animals and effectively controls the cruelties inflicted on animals in Mumbai.
6 'Animals matters to me', an NGO established to provide 5,00,000/- clinical rescue facilities for strays and abandoned ownerless animals, birds and reptiles, as well as to run a shelter cum hospital for animals. Over 50,000 strays roamed the city, with the numbers growing alarmingly due to a lack of sterilisation (spay/Neuter) programmes to control the population. AMTM was created to provide a humane and sustainable solution to managing the stray population and to address their medical needs. Funding ssp 10/13 comip 233 of 2018.doc then, as it is now, came entirely from individuals who shared and continue to share the vision of our founders. 7 Women's India Trust, which provides a platform for 5,00,000/-
advancement and empowerment to unskilled and less privileged women.
8 Towards treatment of Ms. Vaishnavi V. Kulkarni, mother 5,00,000/-
of two young children, not supported by husband, suffering from multiple sclerosis.
9 Yash Charitable Trust, which is established with the 2,50,000/-
overall mission of enhancing quality of life for persons with developmental disabilities.
10 Aseema Charitable Trust, a Mumbai based non- 2,00,000/-
government organization which provides education to children living on the street or in slum in inhuman conditions.
11 Riddhi Vinayak Multispeciality Hospital at Nallasopara 1,20,000/-
West, District : Palghar towards operation and other charges of a poor patient Shri Chandrakant Pednekar. 12 INDIAN RED CROSS SOCIETY MUMBAI 1,00,000/-
The Indian Red Cross is a voluntary humanitarian organization having a network of over 1100 branches throughout the country, providing relief in times of disasters/emergencies and promotes health & care of the vulnerable people and communities. It is a leading member of the largest independent humanitarian organization in the world, the International Red Cross & Red Crescent Movement.
13 Maharogi Sewa Samiti, which runs the project - 1,00,000/-
ANANDWAN that is an Ashram and a community rehabilitation centre for leprosy patients and the disabled from downtrodden sections of society.
14 SOCIETY FOR THE VOCATIONAL 1,00,000/-
REHABILITATION OF THE RETARDED our main aim and objective is to raise the efficiency of mentally challenged persons through the means of proper guidance and counseling. The main objective of SVRR is ssp 11/13 comip 233 of 2018.doc to impart training by simple and routine work, in order to rehabilitate such individuals and make them self- sufficient.
15 SMILE FOUNDATION 1,00,000/-
an NGO for poor child education directly benefitting over 15,00,000 children and their families every year, through more than 400 live welfare projects on education, healthcare, livelihood and women empowerment, in over 2000 remote villages and slums across 25 states of India. 16 FELLOWSHIP OF THE PHYSICALLY 1,00,000/-
HANDICAPPED, (Haji Ali, Mumbai - 400 031) Vocational training is imparted to the beneficiaries free of cost, including facilities like hostel, lunch, pick up and drop, medical and educational support. FPH serves those adults who have orthopaedic and mild mental disabilities and are in the age group of 18 to 40 years.
17 Ameya Palak Sanghatana, a charitable organization in 1,00,000/-
Thane, which houses special children/individuals. 18 Seva Charitable Trust, an NGO established to provide 1,00,000/-
sustainable livelihood to the local communities and empower the women by providing them jobs on a salary basis and to further provide appropriate skill sets, marketing outlets and hands on training programme for the artisan communities and the underprivileged sections of the Society.
19 Niramaya Health Foundation, working for child health 1,00,000/-
issues in slums of Mumbai.
20 VATSALYA TRUST, 1,00,000/-
a charitable organization dedicated to the care and rehabilitation of destitute children.
21 PRABHA HIRA PRATISTHAN 1,00,000/-
an organization which provides home for orphan children living with HIV and provide them access to health, education, and a safe and stigma free environment.
Total 1,50,87,156/-
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comip 233 of 2018.doc
2. The Prothonotary and Senior Master shall within a period of one week from the date of uploading of this order, disburse the aforestated amounts to the aforesaid charitable organization/individual, whose RTGS details shall be separately forwarded to the Prothonotary and Senior Master of this Court.
( S.J.KATHAWALLA, J.) ssp 13/13