SIM SIM TRADING COMPANY Vs. CREAM CREATION

JUDGEMENT

(1.) HEARD, Mr. Gupte for the petitioner and Mr. Desai for the respondent No. 1.

(2.) PETITIONER was the complainant before the Metropolitan Magistrate, 28th Court, Esplanade. Mumbai in a complaint filed under section 78 and 79 of Trade and Merchandise Marks Act, 1958 and under section 420 and 486 of the Indian Penal Code against some unknown persons. In that complaint, concerned Magistrate passed an order on 6-2-1998 forwarding the complaint to Senior P. I. Crime Branch Control, Mumbai, for investigation under section 202 of Cr. P. C. and for submitting his report. While making the investigation, the Crime Branch, carried out search of the premises of the respondent No. 1 and seized the property worth Rs. 20,00,000/ -. An application came to be filed thereafter by one Raju Padwal for return of the property and the Metropolitan Magistrate allowed that application ordering the said applicant to execute a bond of Rs. 5,00,000/- and furnish an Indemnity Bond of Rs. 15,00,000/- and after which he was permitted to sell the property. This order is under challenge in this petition.

(3.) THE dispute between the petitioner and the respondent No. 1 is in respect of a trade mark "laika". According to the complainant they were exclusive owners of the trade mark "laika" but the unknown persons were manufacturing same garments under the name "little LAIKA" and therefore they were committing offences under sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 whereas according to the respondent No. 1 accused they were using the name "little LAIKA" for their garments to the knowledge of the complainant petitioner, but the complainant has by suppressing vital and important facts from the Magistrate and by filing a complaint in the name of an unknown person manoeuvered to get the search of the premises of the accused and effect seizure of property worth Rs. 20,00,000/ -.