UNIK INDUSTRIES Vs. AMAZON INDIA LTD.

JUDGEMENT

(1.) M/s.Unik Industries, a proprietary firm represented by its proprietor Mr.M.Purushotham-petitioner-appellant herein, filed this contempt case against M/s.Amazon India Limited represented by its Authorized Corporate Counsel Ms.Swathi Agarwal-contemnor-respondent herein seeking to punish for her wilful disobedience of the interim order dtd. 23/3/2021 passed in I.A.No.2 of 2020 in CMA No.404 of 2020 on this file of this Court.

(2.) The petitioner would assert that he is the absolute owner of the design patent for the products of clothing hanger under Application Nos.276541 and 276542. He filed CMA against the order dtd. 8/6/2020 passed in I.A.No.3387 of 2018 in O.S.No.929 of 2018 on the file of the learned III Additional Chief Judge, City Civil Court, Hyderabad, against the respondent herein and others to restrain from infringing the design patent by displaying them in their OnLine portal. The petitioner herein also prayed to exercise the appellate jurisdiction of this Court under Order 43 Rule 3 CPC and set aside the order dtd. 8/6/2020 passed in I.A.No.3387 of 2018 in O.S.No.929 of 2018 only against the respondent herein while confirming the injunction order against Respondent Nos.2 to 8 therein. In the said appeal a Memo dtd. 5/2/2021 was filed on behalf of the respondent herein in the form of sworn affidavit. Basing on the said affidavit, this Court passed the order. The petitioner would also state that the above order was communicated to the first respondent and she is having sufficient knowledge about it and that the said order was also passed in the presence of the first respondent. The petitioner herein sent notices on 6/4/2021, 16/4/2021, 5/5/221 and 3/8/2021 addressed to the emails of Mr.Rahul Sundaram, Ms.Swati Agarwal and Ms.Varuni Segal along with URLs as directed by this Court calling upon the first respondent to comply with the order dtd. 23/3/2021 or else contempt proceedings will be initiated. On receipt of each and every notice the first respondent replied and promised that they will obey the order and will remove all the advertisements published in their websites. The petitioner would complain that the first respondent failed to comply with order of this Court and did not remove the advertisements from their website. He would also complain that the first respondent intentionally and consciously uploaded and advertised the alleged design patent on their website. He would also assert that when he sent notice, the respondent herein removed the advertisement for few days and after some time again the respondent herein uploaded the advertisement and as such the respondent followed the order irregularly on and off basis and defiance to the order of this Court thereby attracting the provisions of Contempt of Courts Act. The first respondent deliberately ignored and intentionally disobeyed the order of this Court and it is nothing but wilful disobedience of the order dtd. 23/3/2021. The petitioner would also state that he is eking out his livelihood by selling his own patent product-clothing hanger and on account of infringement by the respondent herein he is losing his entire business and as such the respondent is not only liable to punish of contempt but also liable for payment of suitable compensation for the acts done by the respondent herein.

(3.) The order dtd. 23/3/2021 passed in I.A.No.2 of 2020 in CMA No.404 of 2020 reads as under: