BALRAM SINGH Vs. BHIKAM CHAND JAIN

JUDGEMENT

(1.) This is an application by the respondent Balram Singh in Criminal Appeal No. 95 of 1984, Bhikam Chand Jain and Ors. v. Balram Singh, who is inventor of a patented septic tank marketed under the trade name of "Shanker Septic Tank", for committing the appellants Bhikam Chand Jain and others, partners of Messrs Jabalpur, Cement Pipe Manufacturing Company, Jabalpur, for contempt of Court. At the hearing of the aforesaid appeal, on February 20, 1984, learned counsel for the contemnors had made a statement assuring the Court that the caption or legend 'Design invented by Shri Bhikam Chand Jain' would be deleted forthwith and would not be used thereafter in any of the advertisements, brochures etc. issued in regard to the sale or use of 'Balram Septic Tank'. On the faith and assurance of the undertaking this Court passed an order dated February 20, 1984 that in view of the said assurance, no useful purpose was likely to be served by allowing the prosecution launched by the respondent against the contemnors to proceed and accordingly quashed the proceedings in Criminal Case No. 195 of 1980 pending in the Court of the Judicial Magistrate, First Class, Sasaram.

(2.) This necessarily implied that the contemnors would stop forthwith their objectionable activities in manufacturing and selling the patented septic tank to the prejudice of the respondent Balram Singh. Despite the solemn assurance, although the contemnors deleted the caption or legend 'Design invented by Shri Bhikam Chand Jain', they continued their objectionable activities in manufacturing and selling the patented septic tank to the prejudice of the respondent Balram Singh by using the brand name 'Balram Septic Tank' and issued advertisements, brochures etc.

(3.) In flagrant disregard of the assurance given to this Court, the contemnors had a notice published in the same Hindi daily the 'Desh Bandhu' dated April 19, 1984 asserting that this Court had not banned Messrs Jabalpur Cement Pipe Manufacturing Company from manufacturing and selling the patented septic tank in the name of 'Balram Septic Tank', that the respondent was never the owner and inventor of Balram Septic "rank and that the notice issued by him was only to mislead the public and to take commercial advantage out of it. Again, on June 7, 1984 the contemnors got published an advertisement in a Hindi daily the 'Sagar Saroj' published from Sagar claiming their exclusive right to manufacture and sell the same in violation of the undertaking given to this Court.