PAWAN KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) Sh. Ganeshi Lal Bagla s/o Sh. Nanumal Bagla (respondent No.2) claiming himself to be the owner of Bagla & Co. (respondent No.3 herein) lodged FIR 70/99 dated 5.3.99 stating therein that he as owner of Bagla & Co. was manufacturing nail polish with trade mark 'Bagla' and Sh. Janinder Kumar Bagla and his sons (accused persons) were manufacturing the same product under the same trade mark 'Bagla' and, therefore, were infringing the complainant's rights in the said trade mark. On the basis of this complaint, premises of the accused persons were raided and thereafter, charge-sheet was filed. The learned MM took cognizance of the said complaint and issued summons to Sh. Pawan Kumar son of Sh. Janinder Kumar Bagla, the petitioner herein. The petitioner has challenged this act of the learned MM and wants quashing of the proceedings arising out of FIR No. 70/99 and with that end in view, present petition is filed.

(2.) The case of the petitioner is that he has right to manufacture nail polish by using the firm name/trademark/copyright 'Bagla' and he, by doing so, is not committing any offence. This claim of the petitioner is founded on the averments that he and the complainants are the legal heirs of Sh.Nanumal Bagla, who had started the business of manufacturing and sale of cosmetics, including nail polish under the trade name/trademark/copyright 'Bagla & Co.". He used the same continuously as proprietor till the year 1963 when he went missing and thereafter was not found. His properties including the firm name/trademark/copyright 'Bagla' were as such jointly inherited by his legal heirs. There was no partition of his properties nor did he leave any Will or any instrument of succession. Nanumal Bagla had two sons, namely, Janinder Kumar Bagla and Ganeshi Lal Bagla apart from daughters with whom we are not concerned. The complaint is filed by Ganesh Lal Bagla against Janinder Kumar Bagla and his sons.

(3.) It is stated in the petition that the respective wings of the family of Sh. Nanumal Bagla, namely, Sh. Janinder Kumar Bagla (father of the petitioner) and Sh. Ganeshi Lal Bagla, respondent No.2 and alleged proprietor of respondent No.3 have locked horns in three civil suits in this Court over the rights and interests of the said firm name/trade mark/copyright 'Bagla' and the right to restrain the other from using the same. The respondent No.2 has claimed exclusive rights in the firm name/trade mark/copyright 'Bagla & Co.' including the right to restrain the petitioners.