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Directs Receiver to Forcibly Take Over Factory in Asian Paints IP Suit
In a decisive move to protect the integrity of court orders, the has directed its to take of an entire paint manufacturing factory in Ghaziabad. The order came after an was allegedly obstructed while trying to execute an earlier injunction in a suit filed by .
Obstruction at the Factory Gate
The dispute arises from Asian Paints' claim that Deepak Kumar Panwar, operating as , had copied the distinctive packaging and trade dress of its popular paint products, including the iconic purple-and-green labels of APEX, ULTIMA, and ACE. On , Justice Madhav J. Jamdar granted an , finding a “ case” of infringement. The court appointed Advocate as to seize infringing goods at the defendant's premises.
When Mr. Khandelwal arrived at the factory on , accompanied by police from , he found empty sacks bearing the mark “ULTIMATE,” stickers for “ULTIMATE INTERIOR EMULSION” and “ULTIMATE ACRYLIC DISTEMPER,” and empty buckets marked “ULTIMATE ACRYLIC DISTEMPER” and sacks bearing “AFEX.” However, before he could complete the seizure, the defendant's brother, , an advocate, arrived with about ten others.
“The Order Is Forged” – The Confrontation
According to the Receiver's report, reproduced in the court's order, the group raised several objections: Why had no notice been given? Why was the order not uploaded on the court website? Why was it not signed by the judge? They alleged the order was “forged” and the execution “fraudulent.” The Receiver reported that they “started shouting at me, using derogatory and objectionable language, and questioning my authority.”
The situation escalated. The group allegedly demanded that the Receiver report that no infringing material was found. When he refused, they forcibly took mobile phones from Asian Paints representatives and, with police intervention, deleted photographs and videos. Pushing and shoving occurred. Ultimately, the police directed all parties to leave the premises, and the order remained unexecuted.
Court's Strong Response
Asian Paints' counsel, , argued that the obstruction amounted to and that possession of the premises was necessary to prevent removal of infringing goods. The court agreed, observing that the facts “, shows that the said Mr. and others have prevented the from executing the order of this Court and, therefore, these persons have interfered with the .”
The court then issued several directions: - The , High Court, Bombay, was directed to take of the entire premises at “by breaking open the locks, if any,” on an “.” - was ordered to provide all assistance and protection. - The Receiver must prepare an inventory of all articles and materials on site. - Asian Paints shall bear all costs and provide security for the premises.
Contempt Proceedings Initiated
While finding a case for contempt, the court gave an opportunity to respond. He was directed to remain present in court on and file his reply to the Receiver's report. The was also directed to file a report on the incident.
The matter stands posted for at 3:00 p.m., where the court will likely consider further action, including potential contempt proceedings against those who obstructed the course of justice.
