Bombay High Court

HINDUSTAN UNILEVER LTDversusQUEEN COSMETIC CO.,

Decided: 13 January 2026
Disposal: DISPOSED OFF
Bench: ARIF S DOCTOR

Holding

The court allowed the plaintiff to withdraw the suit with liberty to re‑file.

Summary

The plaintiff, Hindustan Unilever Ltd, filed a commercial IP suit against Queen Cosmetic Co. alleging infringement. After filing, the plaintiff reported that no infringing goods were observed in the market and sought the court's permission to withdraw the suit, requesting liberty to re‑file if any infringement later emerges. The plaintiff also asked for a refund of court fees and for the discharge of the court receiver, subject to payment of costs. The court considered the request under the provisions governing withdrawal of suits and the powers of the court to grant liberty to re‑file. It granted leave to withdraw the suit with liberty to re‑file, ordered the discharge of the court receiver, and directed the plaintiff to pay the necessary costs, allowing a refund of court fees as per the rules.

Issues considered

Whether the plaintiff may be permitted to withdraw the suit with liberty to re‑file under the Civil Procedure Code

Subjects

withdrawal of suit
civil procedure
intellectual property
court receiver
costs

Judgment

                                         1/1             15-COMIP-23-2016 (OS).DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                          IN ITS COMMERCIAL DIVISION


                      COMMERCIAL IP SUIT NO. 23 OF 2016


Hindustan Unilever Ltd                                                ...Plaintiff
        Versus
Queen Cosmetic Co.,                                                   ...Defendant
                                      _______
Mr. Kanak Kadam i/b WS Kane & Co. for the Plaintiff.
Mr. Deepak S. Bhalerao, Second Court Assistant to Court Receiver.
                                      _______
                              CORAM       :      ARIF S. DOCTOR, J.
                              DATE        :      13th JANUARY, 2026


P.C.


1.      Learned counsel for the Plaintiff submits that after the suit was filed, the

Plaintiffs have not noticed any of the infringing goods in the market and thus

seeks leave to withdraw the suit with liberty to file the same afresh. In the event

any of the infringing goods are found, the suit is thus dismissed as withdrawn

with the aforesaid liberty.

2.      Refund of Court fees if any as per the rules.

3.      The Court Receiver shall stand discharged subject to payment of all

necessary costs, charges and expenses without passing of accounts, which the

Plaintiff undertakes to do so.




                                                   [ARIF S. DOCTOR, J.]



Areeb

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Kanak Kadam