FRONTIER BISCUIT FACTORY P LTD Vs. NITIN SETHI

JUDGEMENT

(1.) This petition has been preferred by the petitioner against the order th dated 19 March, 2009 passed by the learned ADJ on an application of the petitioner under Section 10 & 12 of the Contempt of Court Act and on another application filed on behalf of the respondent under Section 151 read with Section 144 CPC.

(2.) The petitioner and the respondent are manufactures of biscuits. There was a suit filed by the petitioner against respondent regarding violation of its trademark etc. During pendency of the suit, a compromise was arrived at between the parties and an application under Order 23 Rule 3 read with Section 151 CPC was made. This compromise was taken on record of the Court and the suit of the parties was decreed in terms of compromise. The petitioner filed Contempt Petition making allegations that the respondent committed violation/breach of the compromise decree and was liable for contempt. It was submitted that respondent viz. Om Frontier Biscuit Company used some of the packing materials bearing trademark which the respondent had agreed not to use in terms of the compromise. The respondent was only to use trademark "OM FRONTASIA" and respondent was to withdraw application for registration of the trademark "OM FRONTIER", and destroy the entire packaging material etc. bearing trademark "OM FRONTIER".

(3.) The decree specifically provided that in case of any breach of the compromise the petitioner would be entitled to liquidated damages of Rs.4 lac.