GE MOTORS INDIA PVT LTD Vs. MUKESH KUMAR

JUDGEMENT

(1.) This is a petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) read with Article 215 of the Constitution of India wherein the petitioner has made the following prayer :-

(2.) The above prayers of the petitioner is founded on the facts that the petitioner had instituted a suit for permanent injunction restraining infringement and dilution of trade mark, passing off, damages, rendition of accounts, delivery up etc against the defendants in the suit. According to the plaintiff in the suit, GE Motors India Private Limited is a Company incorporated under the Indian Companies Act, 1956 with its registered office at Faridabad. The Company was originally set up as a Joint Venture (JV) Company between General Electric Corporation and DLF Universal Limited. Subsequently, DLF Universal Limited became the majority shareholder in the plaintiff company and GE Corporation divested its shareholding in the plaintiff in the year 2004 to a US based company, Regal Beliot which is now majority shareholder in the plaintiff. Plaintiff claims to be a leader in the field of manufacturing and selling of Fractional Horse Power motors of world class technology, design and quality, in India. The goods of the plaintiff are being sold under the trade marks AUE and COOL HOME. In terms of Assignment Deed dated 24th December, 2005 rights were assigned by the DLF Universal in favour of the plaintiff. The plaintiff claims to be performing extremely well in business and has a reputation in the manufacturing and sale of the goods under the said trade marks. It is stated that in April, 2005 the plaintiff came to know that the defendant, Mr.Mukesh Kumar, trading as Baghel Electricals, operating from WZ-187, Basai Darapur, Opposite ESI Gate, New Delhi was selling, supplying, distributing and manufacturing infringing counterfeit plaintiff's water cooler pumps under the trade marks AUE and COOL HOME and the trade name of the plaintiff GE Motors without any authorisation or permission and as such the suit for the injunction and other reliefs was filed in this Court. When the suit came up for hearing before the Court on 31st May, 2005, the court passed an order injuncting the defendant in the following order :-

(3.) Vide the same order, Court also appointed Shri Chander Shekhar, Advocate, as a Court Commissioner with the direction that he shall visit the premises of the defendant identified in para 6 of the application or at any other place where the said goods manufactured by the plaintiff should be found to be stored, inspect and identify the motor water cooler pumps and counterfeit GE Motors metal strips/labels , prepare an inventory, seize and seal the counterfeit motor water cooler pumps and place the same on superdari of the defendant. In compliance to the said order the local commissioner accompanied by Mr.Keshav S.Dhakad, Mr.Munish Mehra, Advocates, Mr.Deep De, Quality Control Engineer of the plaintiff alongwith other people visited the premises of the respondents herein. Upon reaching the premises of the respondent at about 3.00pm, the local commissioner and the team accompanying him, found one person present in the shop who introduced himself as Mukesh Kumar. He was proprietor of the shop and was into the business of selling water cooler. A copy of the order passed by the Court was handed over to him for his perusal by the local commissioner thereafter the local commissioner commenced the search and inspection of the shop. During search, a total of 79 counterfeit water cooler pumps of the petitioner-company were discovered inside the said premises bearing the marks AUE and COOL HOME. The inspection further led to the discovery of around 1000 pieces of such material and as well as bearing the trade mark GE Motors India Ltd. These were identified by the Quality Control Manager of the plaintiff. These material was seized and sealed. During this proceeding one person came inside the shop and upon being enquired as to his identity by the local commissioner, he refused to divulge his name and introduced himself as Mukesh Kumar's uncle and owner of the property. The purpose of the commission as well as direction of the Court were explained to him, but he acted in a very unreasonable manner. The said uncle of the Mukesh Kumar walked outside the premises and he started gathering the people from the neighbouring houses and adjoining shops, all around the contemnor's premises where the commission was taking place. He also made some phone calls and he asked Mukesh Kumar to walk out of the shop. When Mukesh Kumar was asked to sign the proceedings, he refused, saying that his relatives and local Union Leaders were arriving at the location in few minutes and he would not sign the proceedings. Further in this application, the applicant has made the following allegations :- Forceful Barging of the contemnors: