BINITA RAHUL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application has been preferred under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr. P. C.) seeking quashing of First information Report (F. I. R.) No. I. 296 of 2003 lodged with Odhav Police station, Ahmedabad for alleged offences under Secs. 63 and 63a of the Copyright act, 1957 (Copyright Act) as well as Secs. 406, 420, 424 read with Sec. 120b of Indian Penal Code, 1860 (I. P. C. ).

(2.) THE case of the applicants, more particularly applicant Nos. 1 and 2 is that on or about 16-6-1998 the said two applicants, who are wife and husband respectively, commenced business in the name of a registered partnership firm known as Avi Trading Company. There were other family members who were partners. The business of the firm consisted of manufacturing and marketing of textile machinery and the said firm continues with the same business even today. It is the say of the applicants that the word 'avi' has been coined by using the first and last letters of their two daughters, Anuja and Vaibhavi, 'a' from Anuja and 'v and I' from Vaibhavi.

(3.) THAT on expansion of volume of business M/s. Avi Engineering Pvt. Ltd. (the Company) was incorporated on or about 24-3-1994, wherein applicant nos. 1 and 2 were Directors. The said Company commenced manufacturing cotton Ginning related machinery which included Lint Cleaner (also known as super Step Cleaner or Post Cleaning Cleaner) and Stationery Condenser (also known as Trolley) and Cotton Ginning Trolley (also known as Bucket or Air separator ). These machineries are manufactured by using traditionally prevalent designs in the industry and the designs are neither new nor original nor invented by any one including opponent No. 3, Shri Naranbhai R. Kadia, one Shri Devang shah, or by Avi Sales Pvt. Ltd. In fact the Company is using the said designs since 1997.