M/S Kirorimal Kashiram Marketing And Agencies Pvt Ltd v. M/S Shah Jayendrakumar Shantilal & Co

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 2442/2015 M/S KIRORIMAL KASHIRAM MARKETING AND AGENCIES PVT LTD ..... Plaintiff Through : Mr. S.K. Bansal, Adv.

versus M/S SHAH JAYENDRAKUMAR SHANTILAL & CO ..... Defendant Through : Mr. Chetan Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 23.12.2015 IA No. 26194/2015 (Sec. 151 CPC) This application has been filed by the defendant. It is prayed that the suit be decreed in terms of prayer contained in para 31(a)(i),(ii) and (iii) of the plaint.

Affidavit of Mr. Shah Jayendra Kumar Shantilal has been annexed with the application whereby defendant made certain admissions and has also undertaken not to do certain acts. Defendant shall remain bound by the statement made in the affidavit. Counsel for the plaintiff has not opposed this application. He submits that a decree be passed in terms of para 31(a)(i), (ii) and (iii) of the plaint.

Application is allowed.

Suit is

decreed in terms of prayer para 31(a)(i), (ii) and (iii) of the plaint. Plaintiff has no objection in case seized goods are released except the packaging. Defendant has undertaken in the affidavit that it will destroy the packaging. Seized goods, which are in possession of the defendant on supardari, stands released.

All other miscellaneous applications are disposed of as infructuous. A.K. PATHAK, J.

DECEMBER 23, 2015 rb