BOMBAY METAL WORKS P LTD Vs. TARA SINGH

JUDGEMENT

(1.) The order challenged by the appellant in this appeal has been passed by a learned Single Judge on 29 03.2006 in CCP No. 122/ 2005. Vide impugned order the learned Single Judge has not only discharged the respondents from notice of contempt but has virtually reviewed the injunction order dated 12.02.2002.

(2.) Vide impugned order dated 12.02.2002, the respondents were restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in cycle parts under the impugned Ball Head Racers and Screw Head Racer or any other packaging which could be deceptively similar with or substantial reproduction of Ball Head Racers and Screw Head Racer of the appellant till the disposal of the suit being suit No. 127/ 2002. Despite said injunction order, respondent No. 1 continued manufacturing and selling goods packaged in injuncted cartons from 2002 onwards in flagrant violation of order dated 12.02.2002 as well as the orders dated 20.12.2002 and 21.03.2003

(3.) Aggrieved by the continuous breach of injunction order committed by the respondents, the appellant filed an application under Section 2(a), 11 & 12 of the Contempt of Court Act before the learned Single Judge and prayed for initiating the contempt proceedings against them for violating the order of the Court. The learned Single Judge has decided this application vide order dated 29.03.2006 absolving the respondents not only from notice of contempt but also gave a finding that the impugned packaging of the respondents can not be considered as deceptively similar to the packaging of the appellant Aggrieved by this order of the learned Single Judge, the appellant has filed this appeal.