CLASSIC ELECTRONICS Vs. PUNEET INDUSTRIAL CONTROL PVT LTD

JUDGEMENT

(1.) This is an appeal preferred by defendants 1 & 2 against the Judgment of the learned Single Judge in I.A.Nos. 11853/94, 1563/95, 1564/95, 12043/95 in Suit No.2852/94 dated 20.5.1996 granting temporary injunction in favour of the respondents/plaintiffs and against the appellants. By that order the learned Single Judge restrained the appellants from infringing the copyright of the plaintiffs and from unauthorisedly and unlawfully copying the electrical/electronic circuits, network and design of the plaintiffs. The learned Single Judge found that the plaintiffs had made out a prima facie case for grant of such an injunction and that the balance of convenience was also in their favour. This appeal is preferred by the defendants 1,2 against the said order of injunction.

(2.) The following facts have to be stated for appreciating the dispute between the parties. The 1st plaintiff Puneet Industrial Controls Private Ltd. (1st respondent) and its proprietor, Mr. Prem Dua, is the 2nd plaintiff (2nd respondent). The 1st defendant (1st appellant) is Classic Electronics and its proprietor is Mr. H.B. Chanana. 2nd plaintiff is Mr. Sanjay Chanana, who is the son of Mr. H.B. Chanana. The said Mr. Sanjay Chanana is the first cousin of Mr. Prem Dua. Mr. Prem Dua had passed B. Tech in Electrical and Electronics from IIT, Delhi in 1971. He worked for some time in an industry manufacturing electronic relays. He noticed that certain electronic circuits and designs could be further improved inasmuch as the existing ones blacked requisite technical efficiency and durability. Mr. Prem Dua did research for 2 years and redesigned the electric and electronic circuits and design lay out of the produce, thus increasing the efficiency and durability of the products. The Printed Circuit Board(PCB) and the electric circuits and electronic circuits developed and designed and used by Mr. Prem Dua are, according to him, unique and are not comparable to that of any other manufacturer of electronic relays. Photographs showing the product design of the electric and electronic circuits and the EPOXY sealing used by Mr. Prem Dua for 4 of his products, namely, electronic timers, volt relays and frequency relays and engine relays are filed as Annexure A (collectively). Each of the product photograph also contains an identical product of the appellants/defendants to enable comparison and decision regarding the allegation that the appellant, Mr. Chanana, had copied the systems invented by the plaintiffs/respondents. The appellants, according to the plaintiffs, had copied the product design and electric/electronic circuits on the Printed Circuit Board(PCB).

(3.) In the year 1975 Mr. Prem Dua established Puneet Industrial Controls (predecessor of 1st plaintiff company) and started manufacturing a broad range of electronic relays which found good market on account of their technical and operational efficiency, reliability and durability. In 1978 the plaintiffs specialised in technical aspects pertaining to electric relays for diesel run generator sets. Plaintiffs products were being sold under the trade mark "PIC". The "PIC" was also registered under the Trade and Merchandise Marks Act on 26.2.1990 by the plaintiffs. The plaintiffs circuits and designs had been given a life time guarantee to the plaintiffs' customers. In 1980 Puneet Industrial Controls was converted into a private limited company under the name Puneet Industrial Controls Private Limited (2nd plaintiff).