1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTION NO. 912 OF 2008 IN SUIT NO. 703 OF 2008 Hindustan Unilever Limited. .... Plaintiff. V/s. Harshad Keshruwala, Sole Proprietor of Messrs. Millenium. .... Defendant. ....... Dr. Veerendra Tulzapurkar, Sr. Counsel with Mr. Sandeep Parekh i/b. A.R. Vaidya & Co. for the Plaintiff. Mr. Harshad Keshruwala, Defendant present in person. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 13TH MARCH 2008. P.C. :- An agreement was entered into by which the Plaintiff granted to the Defendant a license to use the name “LAKME” on the Beauty Salon which was to be conducted by the Defendant as franchisee. The agreement was terminated on 2nd April 2007. The agreement dated 17th 2 August 2006 provides in clause 21 that on termination the franchisee shall cease to trade under the trade name; not hold himself out as a operator of the franchise business and stop using the trade marks/trade name/logo. Following the termination of the agreement, therefore the consequences which have been envisaged in clause 21 of the agreement must ensue. Learned Counsel appearing on behalf of the Plaintiff has fairly however not pressed the non compete clause in the aid of the application for interim relief. The Defendant has appeared in-person and he has stated that there were several breaches on the part of the Plaintiff in compliance of its obligation under the agreement. Reliance has been placed on the letter of the Defendant's Advocate which is annexed at Exhibit 'N' to the plaint. The Defendant has stated that he has a money claim against the Plaintiff. If that be so, the Defendant is entitled to pursue such remedies as are available in law. However, consequent upon the termination of the license, the Defendant cannot continue to use the name “LAKME” or suggest an association of the Defendant with the Plaintiff. The Defendant has in fact stated before the Court that he 3 shall cease to use the name “LAKME BEAUTY SALON”. A Prima-facie case for the grant of an order of injunction has been made out. The balance of convenience is in favour of the Plaintiff and in a matter of this nature, irreparable harm is liable to be caused to the reputation and goodwill of the Plaintiff if the Defendant continues to use the name of the Plaintiff even after the termination of the agreement. There shall accordingly be an interim order: The Notice of Motion is made absolute in terms of prayer clauses (a) to (d) and (f). The Defendant states that he shall return the stationery and sign boards pertaining to the Beauty Salon bearing the name “LAKME” within a period of two weeks from today. The Notice of Motion is accordingly disposed of. -------