PSYCHOTROPICS INDIA LTD Vs. SYNCOM HEALTHCARE LTD

JUDGEMENT

(1.) The Petitioner - M/s Psychotropics India Ltd. is aggrieved by the impugned order dated 30th August, 2019, by which an application seeking appointment of Local Commissioners in the execution proceedings has been rejected by the Trial Court.

(2.) The background of the case is that the Petitioner/Decree Holder (hereinafter 'Decree Holder') filed a suit for infringement of trademark against the Respondent/Judgment Debtor - M/s Syncom Healthcare Ltd. (hereinafter 'Judgement Debtor'). The said suit was decreed vide order dated 22nd December, 2018. The operative portion of the decree reads as under:

(3.) It is the submission of ld. counsel for the Decree Holder that the Judgment Debtor did not abide by the decree, leading to the filing of the execution petition. In the execution petition, the Decree Holder sought appointment of Local Commissioners in order to conduct a seizure of the infringing goods. The said application was rejected by the Trial Court on the ground that there was no justified reason for appointment of Local Commissioners. The operative portion of the impugned order is set out hereinbelow: