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Judgment
44 paragraphs · 2,499 wordsShreeram V. Shirsat, J
An extremely sorry the state of affairs has been brought to the notice of this Court, wherein while executing the order on 21/5/2026, passed by this Court 24/11/2025, the Additional Special Receiver Mr Harshwardhan Joshi, appointed by this court and the representatives of the plaintiff were assaulted, with impunity, by one Mr. Neeraj Kumar Ahuja, and his accomplices Suresh Bogi Dinesh and Rajesh Choona.
The Additional Special Receiver has filed a report dated 21/05/2026, which is reproduced as under:
â- Sir, 2nd assistant to Court Receiver, I submit my report pursuant to the order dated 24th November 2024, passed by the Hon'ble High Court of Bombay (Coram: Sharmila U. Deshmukh, J). The court receiver High Court, Bombay has been appointed with all the powers under Order XL Rule 1 and Order XXXIX Rule 7 of the Code of Civil Procedure of 1908 except power of sale and directed to seal and seize all the impugned goods which the Defendants are using in their business. The said order was extended vide orders dated 15th December 2025, 28th January 2026, 16th February 2026, 17th March 2026 and 04th May 2026.
â- Accordingly, on 22nd May 2026, at around 11:30 AM, I, along with the plaintiff's representative, wet to the SP office, Ambala, and met the Reader to the SP Mr. Ramesh Kumar. I informed him about the execution of the order passed by the Hon'ble High Court of Bombay. He directed the SHO of Naraingarh Police Station, Mr. Lalit Kumar, to provide us with police assistance after obtaining approval from the SP.
â- We reached the Naraingarh Police Station and met SHO Mr. Lalit Kumar. He informed me that the defendant's premises fall under the jurisdiction of the Mahua Kheri Chowki and consequently directed the Police-in-Charge, ASI Surjit Singh, to provide us with police assistance. At around 02:16PM, I, along with the plaintiff's representative, reached the Mahua Kheri Police Chowki and met ASI Surjit Singh. Despite clear directions from the SP and SHO, ASI Surjit Singh delayed the process by asking numerous questions. After approximately one hour, he provided us with police assistance consisting of one home guard and one constable.
â- At around 04:15PM, I, along with the plaintiff's representative, the police assistance, and a few private security personnel, reached the defendant's premises. The premises were located at Post Nanduwali Village, Naraingarh, District Ambala, 134203, situated in the middle of farms and comprised a large unit. Upon arrival, one of the plaintiff's representatives identified the defendant as a party against whom the plaintiff had already initiated civil and criminal actions in the past, indicating that the defendant is a habitual offender. The plaintiff's representative specifically identified one of the defendants as Mr. Neeraj Kumar Ahuja, against whom the plaintiff had previously taken action. As the premises were locked at the time of our visit, we broke the locks of the defendant's premises in the presence of the police assistance.
â- I was shocked and surprised to discover a huge quantity of counterfeit goods bearing the plaintiff's trademark/label/artwork work. The defendant's premises looked like both a manufacturing unit and a warehouse. We found a massive inventory of counterfeit products, including POND'S BRIGHT BEAUTY cream, POND'S BRIGHT MIRACLE face wash, FAIR & LOVELY is now GLOW & LOVELY cream, DOVE shampoo, and CLINIC PLUS shampoo. These counterfeit items were present in the form of finished goods as well as bulk packaging materials. The counterfeit goods were identical in appearance ditto-to-ditto" similar to the plaintiff's genuine products, bearing the impugned labels, trade dress, artwork and trademarks of the plaintiff.
â- The inventory of counterfeit materials found on-site included:
I. Approximately 3,000 pieces of POND'S BRIGHT BEAUTY cream (empty tubes) ;
II. Approximately 1,200 pieces of POND'S MIRACLE face wash;
III. Approximately 1,500 pieces of finished goods of POND'S BRIGHT BEAUTY cream;
IV. Approximately 1,500 pieces of finished goods of POND'S BRIGHT MIRACLE face wash;
V. 24 gunny bags containing empty 340 ML bottles of Dove Damage Therapy Hair Fall Rescue Bio-Protein Care Shampoo (each gunny bag containing approximately 300 bottles);
VI. 35 gunny bags containing empty 340 ML bottles of Dove Damage Therapy Intense Repair Bio-Protein Care shampoo (each gunny bag containing approximately 300 bottles);
VII. 51 big drums filled with raw materials for shampoo manufacturing;
VIII. 43 mini drums filled with raw materials for shampoo manufacturing;
IX. 2 gunny bags containing empty 175 ML bottles of Clinic Plus health Shampoo Strong and Long Milk Protein Multivitamin (each gunny bag containing approximately 200 bottles);
X. Approximately 240 pieces of finished goods of Clinic Plus Health Shampoo Strong and Long Multivitamin Milk Protein Shampoo (355 ML);
XI. Approximately 33 gunny bags containing outer packaging for Fair and Lovely (each gunny bag containing approximately 1,500 pieces).
â- While we were loading the counterfeit goods into our truck, a white Mahindra Scorpio bearing registration number HR85J9881 arrived at the premises, followed by a black Toyota Fortuner bearing registration number HR01AX0707. Several goons came out from these vehicles and began physically assaulting me, the plaintiff's representatives and the private security personnel. During this violent assault by the counterfeiters and the accompanying mob, I was manhandled and my shirt was torn. Furthermore, mobile phones belonging to me and one of the representatives of Hindustan Unilever Limited (HUL) were forcibly snatched during the altercation. The counterfeit material that had been identified and seized was unlawfully removed from our truck and forcibly taken back by the mob, who wrongfully retained possession of the items. We were ultimately forced out of the defendant's premises. A few individuals within the mob were identified as Mr. Neeraj Verma, Mr. Akash and Mr. Rajesh Choona.
â- Additionally, we were continuously followed and intimidated by members of the mob traveling in the vehicles bearing registration numbers HR85J9881 and HR01AX0707, causing serious apprehension regarding our personal safety and security.
â- I respectfully submit that these events transpired despite the presence of ASI Surjit Singh at the location. At around 6:30 PM, we left the defendant's premises. Following our departure, the defendans and their associates pursued us in multiple vehicles. These cars followed us until the midway point of the Ambala-Delhi Highway and the police assistance remained with us only op to Ambala Delhi Highway despite of request for the protection till the Haryana border. During this, I received calls from an unknown number, later identified as belonging to Mr. Akash Kumar, demanding a settlement. Screenshots of these missed calls are attached to this site report. Along the highway, the counterfeiters intercepted our vehicle and threatened us and forcibly confiscated the samples of the counterfeit goods that we had secured, placing them under their own vehicle. This occurred in the direct presence of the police assistance. Given the highly tense situation and the fact that we were being actively pursued, I called SHO Lalit Kumar on his mobile number (9729990123), but he failed to cooperate. I then contacted the Superintendent of Police, Shri Ajit Singh Shekhawat, on his mobile number (+91 9729990001) at around 08:26 PM, requesting urgent police protection or escort to the Haryana border as we headed toward Delhi. The SP dismissed the request by stating 'ye nautanki mat karo', and subsequently refused to answer further calls made to the official assistance line, which was wholly unexpected.
â- We somehow managed to escape the execution site and return. Due to the physical injuries sustained, the plaintiff's representative and I underwent a Medico Legal Case (MLC) examination at Holy Family Hospital in Delhi at approximately 02:30 AM. This reflects the extreme seriousness of the incident, which involved physical assault active obstruction of a court-appointed process, intimidation and the unlawful removal of legally seized counterfeit material.
â- I have also sent an email reporting the incident to the IG and SP Ambala, which is annexed to this site report. It is evident that a group of individuals is operating a counterfeiting ring for the plaintiff's goods and they appear to be habitual offenders. Due to their violent obstruction, we were unable to complete the execution and were forced to abort the action.
â- The representatives of the defendants and their associates physically assaulted and thrashed members of the execution team, creating an atmosphere of fear and lawlessness that completely prevented the lawful execution of this Hon'ble Court's orders. Despite explicit requests for assistance, adequate police protection was not extended, thereby frustrating the execution of the orders passed by this Hon'ble Court.
â- The photographs and supporting evidentiary material documenting the obstruction, aggression, physical assault and total breakdown of law and order during the execution proceedings are attached with this site report.
â- The defendants and members of their mob actively pursued and harassed our team until approximately 08:30 PM.
â- The matter is extremely serious not only regarding the safety of officers acting under authority of law but also the integrity of judicially sanctioned enforcement proceedings.
The Additional Special Receiver, along with report has also placed on record an e-mail addressed to some entity (cannot be deciphered). The contents of the said e-mail are reproduced hereinbelow:
"I am adv. Harshwardhan Joshi, Additional Special Receiver appointed in the matter COMIP SUIT (L) No. 36456 of 2025.
I write this email to urgently bring to your notice a grave incident that occurred during the execution of the court-appointed commission. Despite directions issued by the Superintendent of Police (SP) and the concerned SHO for providing adequate police protection, sufficient police assistance was unfortunately not made available at the site. As a result, myself, the representative of Hindustan Unilever Limited (HUL), and the accompanying private security personnel were physically assaulted by the counterfeiters and members of the mob present at the location. During the course of the incident, I was manhandled and my shirt was torn. Further, mobile phones belonging to me as well as one of the representatives of HUL were forcibly snatched during the altercation. It is further submitted that the counterfeit material that had been identified and seized during the process was unlawfully taken away and uauthorizedly seized back by the mob, who have wrongfully retained possession of the same. Additionally, we are continuously being followed and intimidated by members of the mob traveling in a Mahindra Scorpio bearing registration numbers HR 85 J 9881 and HR 01 AX 0707, thereby causing serious apprehension regarding our safety and security.
I respectfully submit that the aforesaid events took place despite the presence of ASI Surjit Singh at the location. After the leaving the premises and experiencing that the defendant accused were following us in various cars, I called up Superintendent of Police ShriAjit Singh Shekhawat on his mobile number + 91 9729990001 at around 08:26 PM. I requested him the police assistance or the required police help till Haryana border as fever, heading to Delhi with the team upon which he said that 'ye nautanki mat karo' and later on unanswered my calls by not picking up the Official help number which was at least not expected.
In view of the seriousness of the incident, including physical assault, obstruction in execution of a Court appointed process, mobile snatching, intimidation, and unlawful removal of seized counterfeit material, I humbly request your good office to take immediate and strict action against the persons involved and ensure appropriate legal proceedings are initiated against the accused persons.
The matter is extremely urgent and concerns not only the safety of officers acting under authority of law also the integrity of judicially sanctioned enforcement proceedings".
The Additional Special Receiver has also placed on record the medical papers of Holy Family Hospital which show that the Additional Special Receiver and persons accompanying him were assaulted. Photographs have also been placed on record. From the report, the e-mail placed, medical papers and the photographs placed on record, prima facie it is quite evident that the Additional Special Receiver and the persons accompanying have been assaulted by Neeraj Kumar and his accomplices. (names mentioned in the report). It was also brought to the notice that, though initially, the police had extended the co¬operation, however, thereafter, when the assault took place and when the Additional Special Receiver and the representatives of the plaintiff requested for police protection/escort while proceeding towards Delhi, since they noticed several cars following them, unwarranted remarks were allegedly made by the SP Shri Ajit Singh Shekhawat and thereafter they refused to answer the calls.
During the course of arguments, the learned counsel for the plaintiff has also brought to the notice of this Court several other orders passed by this court where similar incidents of assault have taken place, when the Court Receiver or the Special Receiver is appointed to execute the orders of this Court. Such tendencies are extremely despicable. No one should be permitted to take law into their own hands and the rule of law has to prevail. Majesty of law must be upheld at all costs.
Considering the above situation, the Superintendent of Police and the Station House Officer of Mahua Kheri Police Chowki are directed to ensure that sufficient police protection is provided to the Additional Special Receiver and also to the representatives of the Plaintiffs when they visit the premises to execute the ex-parte interim order passed by this court. The SP and the Station House Officer of Mahua Kheri Police Chowki should also ensure that sufficient police protection is granted, including lady police constables who would use reasonable, proportionate force to ensure that the order of this Court is executed in its letters and spirit.
The report mentions that the goods have been transferred to some other location by the afore-named persons. In the event the Additional Special Receiver and the Plaintiff are in a position to find out the new location where the goods have been transferred, the necessary protection should be extended for the same.
The police assistance shall be provided without any costs till the entire period when the Additional Special Receiver along with report of this plaintiff, executes the ex-parte ad interim order dated 24/11/2025 read with order dated 4/05/2026.
The Superintendent of police, should also take action under the law with respect to the assault on the Additional Special Receiver and representatives of the Plaintiff on 21/05/2026 and forward a report to this Court about the action taken against the offenders.
This Court expect the Station House Officer, Mr. Lalit Kumar, ASI-Mr. Surjit Singh and the Superintendent of Police Mr. Ajit Singh Shekhawat to look into the matter with the seriousness it deserves and also ensure that the order dated 24/11/2025 passed by this Court is duly executed under their supervision so that there is no dent caused to the administration of justice.
As no draft amendment is filed on record, counsel for the applicant to take necessary steps to place on record a draft amendment, if the plaintiff seeks to add Suresh, Rajesh and Neeraj as defendants in the petition.
Stand over to 24th June 2026.
