JCB INDIA LIMITED Vs. ACTION CONSTRUCTION EQUIPMENT LTD

JUDGEMENT

(1.) This is a petition under Order 39 Rule 2A and Section 151 Code of Civil Procedure read with Section 12 of the Contempt of Court Act, 1971 whereby the respondents are alleged to be in contempt of order of this court dated 12th March, 2001 which reads as under:-

(2.) For the purpose of deciding this petition, however, it is necessary to revert back to the genesis of the dispute between the parties. Sometime in the year 1998, the petitioner instituted a Civil Suit bearing No.959/1998 in order to interdict the respondents from infringing its copyright in industrial drawings in respect of excavator loaders. In the said suit, at the outset, an order was passed which is dated 22nd May, 1998 and the operative part of which reads as follows:- "The learned counsel for the defendants states that they will not introduce in the market excavator loaders in violation of the copyright of the plaintiffs, if any."

(3.) Subsequently, by order dated 12th March, 2001 reproduced hereinabove, the suit was disposed of along with all interim applications including the application of the petitioner for grant of ad interim injunction orders.