Societe Des Products Nestle S. A. And Anr vs M/S. Kit Kat Food Products And Ors
2025 Latest Caselaw 3595 Cal/2

Calcutta High Court

Societe Des Products Nestle S. A. And Anr vs M/S. Kit Kat Food Products And Ors on 19 December, 2025

ORDER SHEET                                                        OD-11


                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE

                                 EC/19/2025

              SOCIETE DES PRODUCTS NESTLE S. A. AND ANR.
                                  VS
                 M/S. KIT KAT FOOD PRODUCTS AND ORS.


  BEFORE:
  The Hon'ble JUSTICE ANANYA BANDYOPADHYAY
  Date: 19th December, 2025.


                                                                       Appearance:
                                                        Ms. Sristi Barman Roy, Adv.
                                                        Mr. Sidhartha Sharma, Adv.
                                                              Mr. Rishav Dutt, Adv.
                                                          Mr. Aman Kataruka, Adv.
                                                            ...For the Decree-holder
                                                             Ms. Tanuka Basu, Adv.
                                                         Ms. Shamayeni Fasih, Adv.
                                                         ...For the Respondent no.4

Mr. K. Kashyap, Adv.

...For Respondent no.3 Mr. Rabindra Nath Pal, Adv.

Ms. Kalyani Dey, Adv.

...For the Joint Special Officers

The Court :- The report filed by the Registrar-in-Charge, Original Side

dated 11th December, 2025 be kept on record. It appears that the notice has been

served upon the judgment debtor nos. 2, 3 and 4. The notice could not be served

upon the judgment debtor nos. 1 and 5.

Despite service of notice none appeared to represent the judgment debtor

nos. 2 and 4.

The learned Advocate representing the judgment debtor no.3 submitted

that the judgment debtor no.3 had been one of the partners of the partnership

firm comprising of judgment debtor nos. 2 and 3, the judgment debtor no. 1

being the partnership firm.

It was further submitted by the learned Advocate representing the

judgment debtor no.3 that the partnership firm has been dissolved and they are

not continuing in any kind of business transactions as stipulated in the

partnership firm agreement.

The learned Advocate representing the judgment debtor no.3 as well as the

judgment no.2 are to combinedly file an affidavit stating that the partnership firm

in question has been dissolved and are not continuing in any kind of business

related to usage of brand name or any name deceptively similar to that of the

decree holder in any manner whatsoever in any mode either real or virtual or any

other form of e-commerce. If at all there had been any kind of exposition of the

decree-holder's brand name or any other name deceptively similar as aforesaid in

any avenue, the same must be withdrawn immediately. The judgment debtor

nos.2 and 3 are to file their accounts of transactions for the last one year. They

are to file a copy of the trade licence with which they continued their business.

They are to indicate in the affidavit that they will not continue in any further

business using the name of the decree-holder deceptively similar or similar in

nature to confuse the public and deceive the same, to the prejudice of the decree-

holder.

Therefore, the aforesaid affidavit is to be filed by 16 th January, 2026.

(ANANYA BANDYOPADHYAY, J.)

JM