Rajiv Sahai Endlaw, J.

1. Execution is sought of a compromise decree dated 28th August, 2002 in CS(OS) No. 372/2002.

2. The decree holder had instituted the suit inter-alia for the relief of permanent injunction restraining the judgment debtor from using the word WANDER or any other word deceptively similar thereto as part of its name and trading style and/or from using the trademarks TRIAMINIC, TRIOMINIC, TRIATUSSIC or WANDER or any other mark deceptively similar to the said marks in relation to goods being marketed or manufactured by the judgment debtor. The relief of accounts of profits made by judgment debtor by use of trading style Wander Pvt. Ltd. and decree for amount so found due was also claimed.

.3. The compromise application under Order 23 Rule 3 of the CPC was filed by the parties even before the judgment debtor filed the written statement. It was inter-alia stated in the said application:

.(A) That the plaintiff and defendant had settled the dispute subject matter of the suit and other related disputes by agreeing to enter into the distributorship and marketing agreement on the terms & conditions recorded in the compromise application.

.(B) That the defendant