Kamal Industries v. Vishal Megamart And ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1178/2016 KAMAL INDUSTRIES ..... Plaintiff Through:

Mr. Gaurav Beri, Advocate.

versus VISHAL MEGAMART AND ORS ..... Defendants Through:

Mr. Rajat Sehgal, Advocate for D-2.

CORAM:

HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 04.01.2017 I.A. 15090/2016 (to De-seal the goods and allow the Defendant No. 2 to destroy the goods) Vide the order of this Court dated 06.12.2016 wherein the applicant/defendant no. 2 had sought time to furnish the no objections of his distributors i.e. defendant no. 1 and defendant no. 6, those no objections have been furnished wherein defendant no. 1 and defendant no. 6 to whom the goods were released on superdarinama have stated they have no objection if the goods be released to defendant no.2. Learned counsel for plaintiff has submitted that he also has no objection if these goods are released to defendant no. 2 subject to the condition that he destroys the same.

Learned counsel for defendant no. 2 undertakes to destroy these goods. Accordingly, the goods seized vide seizure memo from

premises, namely (1) Vishal Mega Mart, 10201, Padam Singh Marg, Karol Bagh, New Delhi - 110005 and (ii) TPG Wholesale Private Limited, K.N. 19, 27, 70, Wazirpur Farukh Nagar Road, Village Dhanwas, Gurgaon, Haryana by the Local Commissioner are ordered to be de-sealed and defendant no. 2 is permitted o take and destroy those articles.

The articles be melted/destroyed and the report confirming the same be submitted in the form of an affidavit within six weeks. With these directions, the application stands disposed of. DEEPA SHARMA, J JANUARY 04, 2017 sapna