JUDGMENT (Oral)

CCP(O) 19/2023 (under Article 215 of the Constitution of India)

1. This is a contempt petition under Article 215 of the Constitution of India read with Sections 11 and 12 of the Contempt of Courts Act, 1971, seeking initiation of action against the defendants for having committed contempt of this Court by wilfully and contumaciously disobeying order dated 2nd June 2022 passed by this Court in CS (Comm) 302/2022.

2. In my considered opinion, the nature of the dispute that the petitioner has sought to raise in this contempt petition cannot be decided by a Court exercising contempt jurisdiction, though it may afford the petitioner a right to seek independent legal remedies.

3. Para 8 of the order dated 2nd June 2022, passed by this Court, whereby CS (Comm) 302/2022 was decreed, reads thus:

"In view of the above, the present suit is decreed in terms of the relief of permanent injunction as sought in paragraph 38 (a), (b) and (c), against Defendant No. 1. It is however made clear that the Defendant No. 1 would be free to use the mark "PANTRA". Decree sheet be drawn accordingly."

4. Prayers (a), (b) and (c) in para 38 of the plaint, in terms of which the plaintiff's sui