MICROSOFT CORPORATION Vs. MAHENDRA JAIN

JUDGEMENT

(1.) The petitioners have filed a suit for permanent injunction restraining infringement of copyrights, infringement and dilution of trademarks, damages, delivery up, etc. against the defendants on account of the defendants using counterfeited/duplicate/pirated software of the plaintiffs/petitioners' MICROSOFT WINDOWS XP Professional Versions 2002 or any other software programmes of the plaintiffs. It is the case of the plaintiffs/petitioners that such pirated goods were being sold by the contemnor, who is a defendant in the suit.

(2.) The plaintiffs/petitioners along with the suit filed an application for interim relief and in terms of order dated 24.10.2007 summons were issued in the suit and notice in the interim application. Interim relief was also granted to the plaintiffs, restraining sale, distribution and copying of such counterfeited unlicensed versions of the software of the plaintiffs. A Local Commissioner was also appointed to visit the premises of the defendants to seize the offending goods.

(3.) The present contempt petition has arisen on account of the conduct of the contemnor along with his father & brothers and neighbouring shopkeepers whereby the Local Commissioner was obstructed in carrying out his local commission, was assaulted and beaten up. The report of the Local Commissioner shows that the Local Commissioner explained the reason of his visit to the contemnor and handed over a copy of the order. At the stage when the contemnor was going through the order, the Local Commissioner requested Mr. Amit Upadhyay, an advocate of the plaintiffs to search the premises of the defendants and identify the counterfeited software versions of the plaintiffs under the supervision of the Local Commissioner and the Local Commissioner proceeded to make out the proceedings report. Mr. Amit Upadhyay found ten (10) pieces of such pirated software, which were handed over to the Local Commissioner and it is at that stage that the contemnor pounced on Mr. Amit Upadhyay, snatched the bag containing the software and started verbally abusing Mr. Upadhyay. The contemnor then proceeded to hold Mr. Upadhyay by his collar and dragged him just outside his shop and started shouting very loudly and started beating Mr. Upadhyay mercilessly with punches, slaps, and kicks. The contemnor then used his mobile phone to make a call to his father and his two brothers as also his friends in the nearby shops. The Local Commissioner was shocked at the behaviour of the contemnor, his father, his brothers and the mob of people and warned them not to assault Mr. Upadhyay and himself. The Local Commissioner also got hurt in the proceedings and the contemnor and his father & brothers, in fact, turned upon the Local Commissioner and started slapping and punching him. The order passed by this Court was taken possession of in original and was torn apart. The On-spot-proceedings were also torn apart. It is stated that the contemnor and his family members claimed that they were politically well connected and in the mean time a sizable mob had accumulated possibly consisting of the nearby shopkeepers. It is with grave difficulty that the Local Commissioner along with Mr. Upadhyay managed to get away to the local police station where they lodged a report.