M/S. FEEZO CHEM & ANR v. RIDLEYLIFESCIENCE PVT. LTD.

Delhi High Court · 31 Aug 2018 · 2018:DHC:9183
J.R. Midha
EX.P.2/2018 & EX.APPL.(OS)19/2018
2018:DHC:9183
civil execution_petition_disposed_satisfied_subject_to_conditions

AI Summary

The Delhi High Court disposed of the execution petition as satisfied subject to the judgment debtor recalling and destroying old stock within prescribed timelines and filing requisite affidavits and Board Resolution.

Full Text
Translation output
)3 $-0-15 HIGH COURT OF DELHI
EX.P.2/2018&EX.APPL.(OS)19/2018
M/S.FEEZO CHEM&ANR DecreeHolders
Through: Mr.Sanjeev Singh, Mr.D.K. Yadav and Ms.Kamla,Advocates
VERSUS
RIDLEYLIFESCIENCEPVT.LTD. JudgementDebtor
Through: Mr.SumitRajput,Advocate
CORAM:
HON'BLE MR.JUSTICE J.R.MIDHA
31.08.2018
ORDER

1. Learned counselforthejudgmentdebtorhas handed overthe affidavit ofMr. Sunjeet Singh, Vice President(Operations)ofthejudgment debtor which is taken on record.

2. Learned counsel for the decree holder submits that the Board Resolution in favourofthe VicePresident(Operations)hasnotbeen placed on record.

3. Learned counsel for thejudgment debtor submits that he shall file the copy oftheBoard Resolution within one weekfrom today.

4. Learned counsel for the decree holder submits that two months time sought by the judgment debtor to recall and destroy the old stock is unreasonable considering that the decree was passed against thejudgment debtor on 30^""May,2017.

5. The judgment debtor is directed to recall and destroy all the old packaging in respect of Annexure A attached to the affidavit of Sunjeet Singh,withinforty daysand file an affidavitalong with destructionreport. 2018:DHC:9183

6. The execution petition is disposed of as satisfied subject to the Judgment debtor fiiiiig the copy ofthe Board Resolution within one week from today and the affidavit with respect to recall and destmction ofthe stocks mentioned inAnnexureA attached to the affidavitofSunjeetSingh, within one week ofthe expiry offorty days from today. Thejudgment debtor IS further directed to exhaust tile existing stock mentioned in A„nexureBattachedtotheaffidavitofSunjeetSingh,withinthirtydaysand fileanaffidavitinthisregardwithinoneweekoftheexpiiyoffortydays.

7. Mr. Sunjeet Singh. Vice President (Operations) of the judgment debtorundertakestodotheneedful.Theundertakingisherebyaccepted.

8. In the eventofthefailureofthejudgmentdebtorto comply withthe directions,thedecree holdersareatlibertytoapproachthisCourtforrevival ofthe execution petition.

9. Pending application disposed of.

10. Copy ofthis order be given dasti to counsels for the parties under signatures ofthe CourtMaster. AUGUST31,2018 ds J.R.MIDHA,J.