M/S Kamdhenu Ltd v. Shravan Kumar Sharma
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 559/2016 M/S KAMDHENU LTD ..... Petitioner Through: Mr. S.K. Bansal, Advocate with Mr. Ajay Amitabh Suman, Mr. Kapil Kumar Giri and Mr. Vinay Kumar Shukla, Advocates.
versus SHRAVAN KUMAR SHARMA ..... Respondent Through: Respondent in person.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 26.04.2017 Present contempt petition has been filed alleging wilful disobedience of the order dated 18th April, 2016 passed in TM No.79/2014 whereby a Local Commissioner was appointed to inspect and execute the commission at respondent's premises i.e. Khasra No.245, Village Bawari, Murtikala Zone, Sarna Dungar Industrial Area, Jhotwara (Ext.), Jaipur, Rajasthan with respect to impugned trademark SSTAXON10000 and SSTAXON11000 and 2 KA POWER, In the petition, it has been averred that in pursuance to the aforesaid order, the Local commissioner visited the aforesaid premises on 28th April, 2016, but due to obstruction caused by respondent, the commission could not be executed.
Today, learned counsel for petitioner states that the matter has been amicably resolved between the parties and the suit has been disposed of in accordance with the Settlement Agreement dated 30th December, 2016. Learned counsel for petitioner also states that respondent has paid Rs.10 lacs as damages/compensation to the petitioner. Respondent is also personally present in Court and he has been identified by the learned counsel for petitioner. He expresses regret for his action and assures and undertakes to this Court that the same will never be repeated. The apology tendered by respondent is accepted by this Court. Consequently, present contempt petition is closed subject to respondent paying an amount of Rs.1 lac to the New Delhi Bar Association Library Fund within a period of one week.
In the event, the aforesaid amount is not paid within the stipulated time, Registry is directed to list the matter before Court. Order dasti.
MANMOHAN, J APRIL 26, 2017 js