IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Con.Case(C).No. 1252 of 2007(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN CMA.174/2002 Dated 05/10/2002 .................... PETITIONER -------------- FAVOURITA INTERNATIONAL, 39/3519, PADMAM APARTMENTS, MANIKATH ROAD, ERNAKULAM, DULY REPRESENTED BY ITS PROPRIETOR, SRI.ALTAF ISMAIL. BY ADV. SRI.SATISH MURTI RESPONDENTS: ------------------ CYRIAC JOSEPH, 1/41, NETAJI NAGAR, EDAPALLY NORTH, KOCHI- 682 024, AGE AND S/O NOT KNOWN TO THE PETITIONER. BY ADV. SRI.BENOY K.KADAVAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- Contempt Case (Civil) No. 1252 of 2007 ------------------------------- Dated this the 7th January, 2008. J U D G M E N T According to the petitioner, respondent has violated the order of injunction. If the respondent has violated the order of Injunction, the remedy available to the petitioner is to proceed under Order 39 Rule 2A of Civil Procedure Code. 2. It is submitted by the learned counsel for the respondent that there is absolutely nothing on record to show that respondent has attempted to sell any product in India in violation of the injunction order. It is submitted that on the strength of the interim order, petitioner had filed complaints before the police. The police conducted a search in the factory premises, and seized the products which they were manufacturing for exporting. There is no averment in the petition filed by the petitioner to initiate contempt and to show that these products were purchased from any shop in India. In view of the above submission, this contempt of court case is closed. K.PADMANABHAN NAIR, JUDGE nj.