NESTLE INDIA LIMITED Vs. JAGDEEP KISHORE

JUDGEMENT

(1.) Heard learned counsel for the appellants and respondent no. 1 appearing in person since the complaint is pending before the commission, we do not propose to give our reasons for passing this order. We are of the view that the impugned order deserves to be set aside in respect of the appellants' product known as MILO, 200 grams pack, which they have introducedas a promotional item with one KIT KAT (36 Grams) free. Therefore, that part of the Commission's order is set aside. The appellants have introduced this item as a promotional scheme and the learned counsel for the appellants has stated before us that the appellants will not continue the sale of MILO (200 Grams) pack, under the present scheme, beyond 31/7/1998.

(2.) As regards the second item viz. KIT kat which they are selling with Yoyo toy, we make the order of the Commission effective from tomorrow. The appellants are permitted to sell this item also tilt 31/7/1996 but they shall sell only that quantity of this item which they have manufactured till today.

(3.) With these directions, the appeal is disposed of.