CHURIARAM AGGARWAL Vs. AGGARWAL SWEET CORNER

JUDGEMENT

(1.) This petition has been brought under Section 401 read with Section 482. Code oi Criminal Procedure seeking setting aside of the order dated January 21, 1989 passed by Shri N.P. Kaushik Metropolitan Magistrate directing issuance of general search warrants under Section 93 of the Code of Criminal Procedure. It is. pleaded by .the petitioner that on the basis of the said search warrants the shop of the petitioner was sought to be searched.

(2.) Facts leading to the filing of the present petition in brief, are that respondent M/s. Aggarwal Sweet Corner, a duly registered partnership firm under the Indian Partnership Act, filed the complaint through one of its partners, namely Vinod Kumar Aggarwal under Section 78 and 79 of the Trade and Merchandise Act 1958 pleading that the complainant is engaged ia the business of manufacturing sweets and "namkeens" for the last about four years and complainant is the proprietor of the Trade Mark "Aggarwal" in respect of aforesaid goods and this particular trade mark was adopted with effect from June 1, 1984 and has been continaously used by the complainant and the business of the complainant firm is very extensive one and the goods bearing the said trade mark have been practically distributed in the whole of Union Territory of Delhi and the adjoining States and the complainant's trade mark 'Aggarwal' and its trade name "Aggarwal Sweet Corner" have become distinctive and associated with the aforesaid goods on account of its long continuously extensive and exclusive use thereof and: goods bearing the said, trade mark are highly in demand in the markets on account of standard quality. The complainant is stated to have already made an application for getting the trade mark and the trade name registered under the said Act and the proceedings are pending in that respect in the office of the Trade Mark Registrar. It was pleaded that the complainant has advertised the aforesaid trade mark and the trade name by displaying the same on its display Boards, calendars. Carton Boxes and carry bags and substantial amount of money has been spent on publicity in this regard. It was mentioned that the complainant had acquired reputation in the trade on the basis of the said trade mark and the trade name and its sale proceeds have jumped from rupees one lac or so in 1984-85 to rupees five lac or so in the following year and rupees nine lac or so in the year 1986-87 and Rs. 11,40,627.00 in the year 1987-88. It was pleaded in the complaint that there are other unscrupulous manufacturers of the sweets and the "namkeens" who have adopted fanciful trade name with prefix as 'Aggarwal' as part of their trade name whose names and addresses are not known to the complainant and have flooded the various markets of Delhi with their goods and are selling those goods under the trade mark of the complainant, namely, "Aggarwal". it was pleaded that such unscrupulous traders and dealers have adopted this trade mark out of greed with a view to take advantage of the reputation of the complainant acquired under the aforesaid trade mark and unwary purchasers are being deceived in purchasing the goods of other person believing that they are being manufactured by the complainant. So, it was urged that the said unknown persons have committed and continue to commit the offences punishable under Section 78 and 79 of the Act.

(3.) In para 11 ot the complaint it was mentioned that a suit far injunction was tiled against such a unscrupulous manufacturer namely M/s Aggarwal Sweet Corner, W-9, West Patel Nagar, New Delhi m the Court of Shri R.K.. Tiwari, Subordinate Judge. The learned Magistrate after recording the statement of Vinod Aggarwal, the partner of the complainant directed that the inquiry be made into the complaint .by the police and he also directed for issuance of. a search warrants. On the basis ot the search warrants the shop of the petitioner was sought to be raided for seizing the display boards and packing material and the goods being sold at his shop.