Kaya Skin Care Ltd & Anr v. Kaya Kalp Herbals Private Ltd

ORDER

04.LL.20LL By the present execution petition, which has been filed by the decree holders under Order XXI Rule 32 of the Code of Civil Procedure, it is prayed brought to the notice of the Court that judgment debtor has violated the terms of the decree. By a judgment and decree dated 22.5.2007, suitfiled by the plaintiff, being CS(OS)No.60112007, was decreed on agreed terms and conditions. Learned counsel for the judgment debtor submits that judgment debtor has changed its name in accordance with agreed terms of judgment and decree dated 22.5.2007 and the product pointed out by learned counsel for the decree holders is an old prod.uct and was unintentionally marketed with a new label. Counsel further on instructions submits that judgment debtor will ensure that in future all the terms of judgment and decree dated 22.5,2OO7 will be complied with. Counsel, further submits that the judgment debtor regrets the ) o/o

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2.

¶3Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. omission on their Part'

4.Judgmentdebtorshallbeboundbythestatementmadebycounselin , :T::o:: .." srand taken bv rearned counser for the judsment debtor,learnedcounselforthedecreeholdersdoesnotwishtopress present execution petition any further'

¶6Accordingly' execution petition stands disposed of' --1w* NOVEMBER 04' 2011 msr Ex.P. L39/2O1o z/2 --

24.', $- * IN THE I-IIGH + EX.P. L39l20rO KAYA SKIN CARE COURT OF DELHI AT NEW DELHI LTD & ANR ..... Decree Holders Through : Ms. Anuradha Saitrotra and Mr. Doyal Sengupta, Advs. versus KAYA KALP HERBALS PRIVATE LTD ..... Judgement Debtor Through : Mr. Sushant M. Singh and Ms. Vasudha Pathak Masoodi, Adv. CORAM: t-toN'BLE MR. JUSTICE G.S.SISTANI