IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO.31324 OF 2024 IN COMMERCIAL IP SUIT NO.242 OF 2024 Hindustan Unilever Limited and another …Applicants / Plaintiffs Vs.

Ashok Kumar (unknown person/s in Delhi) and another …Respondents / Defendants WITH INTERIM APPLICATION (L) NO.13297 OF 2025 WITH COURT RECEIVER’S REPORT NO.124 OF 2025 WITH LEAVE PETITION (L) NO.31960 OF 2024 IN COMMERCIAL IP SUIT NO.242 OF 2024 ---

Mr. Hiren Kamod a/w. Mr. Jayesh Kalebere and Ms. Radha Naik i/b. Ms. Laher Shah for Applicants / Plaintiffs.

Mr. Dhavish Chitkara (through VC) a/w. Mr. Rohit Dalmia and Ms. Deepshikha Malhotra for Defendant Nos.3 and 4.

Mr. Rishu Mittal, Defendant No.3. Mr. Vikas Mittal, Defendant No.4.

Ms. Charushila Vaidya, 2^nd Assistant to Court Receiver.

CORAM : MANISH PITALE, J.

DATE : APRIL 29, 2025 P.C. :

. On 23.04.2025, this Court had granted time to the applicants to file rejoinder affidavit and the application was directed to be listed today, with a specific direction to defendant Nos.3 and 4 to remain present in Court. They are indeed present in the Court.

2. The learned counsel appearing for the applicants submits that in the rejoinder affidavit, it is highlighted that despite specific directions of this Court, including in the order dated 28.03.2025, in the reply affidavit, defendant Nos.3 and 4 have not given disclosures as per prayer clause (e). In fact, it is stated that in the light of the events that have occurred in the present case and the manner in which affidavit is filed on behalf of defendant Nos.3 and 4, a separate application bearing Interim Application (L) No.13297 of 2025 has been filed by the applicants under Order XXXIX Rule 2 A of the Code of Civil Procedure, 1908 against the defendants.

3. The learned counsel appearing for defendant Nos.3 and 4 submits that this Court may consider granting time to the said defendants to file sur-rejoinder affidavit in Interim Application (L) No.31324 of 2024 in the light of certain issues raised in the rejoinder affidavit filed on behalf of the applicants.

4. In that light, defendant Nos.3 and 4 are granted four weeks time to file sur-rejoinder affidavit. It is specifically directed that since disclosures in terms of prayer clause (e) do not appear to have been made by the said defendants in their reply affidavit, in the sur-rejoinder affidavit, they shall place on record such disclosures.

5. The original defendant Nos.3 and 4 are also granted time of four weeks to file reply affidavit in Interim Application (L) No.13297 of 2025. Rejoinder affidavit therein on behalf of the applicants may be filed within two weeks thereafter.

6. At this stage, the learned counsel for the plaintiffs tenders draft amendments to add certain parties as defendants in the light of details revealed in the Court Receiver’s Report.

7. Considering the contents of the Court Receiver’s Report, this Court is of the opinion that such amendments can be granted. Accordingly, the draft amendments shall be e-filed within a week from today. Leave is granted to the plaintiffs to carry out amendments as per the draft amendments within two weeks from today. Re-verification is dispensed with.

8. The amended pleadings shall be served upon the defendants and the affidavit of service shall be filed.

9. List all the pending applications in these proceedings for further consideration on 30.06.2025, High on Board.

10. Defendant No.3 - Mr. Rishu Mittal and Defendant No.4 - Mr. Vikas Mittal are directed to remain personally present in this Court on the next date of hearing also.

(MANISH PITALE, J.)

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