DRUGDEAL CORPORATION Vs. SMITH

JUDGEMENT

(1.) This Execution First Appeal is directed against an order made by the District Judge, Delhi whereby the appellants' immovable property has been ordered to be attached under Order 21 rule 32 of the Code of Civil Procedure.

(2.) The appellants are a partnership firm manufacturine; and dealing in drugs and medicines while the respondents aie world renowned manufacturers of drugs and medicinal preparations in England. On October 1, 19132 a decree was passed by Shri P P. R. Sawhney, then District Judge, Delhi in a suit brought against the appellants by the respondents for perpetual injunction inter alia, to restrain The appellants, their servants and agents from using the get up of the respondents' products and using the letter SKF on their dextro amphetamine sulphate preparation. sold under the trade mark SEKIFON in tablet forms so as to pass off their tablets or causing or permitting to be passed off the same as and for those of the respondents' dextro-amphetamine sulphate tablets. The parties arrived at a compromise and agreed to certain terms upon which a decree was paused in favour of the respondents. The material portion of the decree which is relevant for the purpose of the present appeal is as under :

(3.) The appellants also agreed to pay to the respondents Rs. 2000.00 as costs.