Judgment

ORDER :- This is an application by the respondent Balram Singh in Criminal Appeal No. 95 of 1984, Bhikam Chand Jain & Ors. v. Balram Singh, who is inventor of a patented septic tank marketed under the trade name of "Shanker Septic Tank", for committing the appellants Bhikam Chand Jain and others, partners of Messrs Jabalpur, Cement Pipe Manufacturing Company, Jabalpur, for contempt of Court. At the hearing of the aforesaid appeal, on February 20, 1984, learned counsel for the contemnors had made a statement assuring the Court that the caption or legend Design invented by Shri Bhikam Chand Jain would be deleted forthwith and would not be used thereafter in any of the advertisements, brochures etc. issued in regard to the sale or use of Balram Septic Tank. On the faith and assurance of the undertaking this Court passed an order dated February 20, 1984 that in view of the said assurance, no useful purpose was likely to be served by allowing the prosecution launched by the respondent against the contemnors to proceed and accordingly quashed the proceedings in Criminal Case No. 195 of 1980 pending in the Court of the Judicial Magistrate, First Class, Sasaram.

2. This necessarily implied that the contemnors would stop forthwith their objectionable activities in manufacturing and selling the patented septic tank to the prejudice of the respondent Balram Singh. Despite the solemn assurance, although the contemnors deleted the caption or legend Design invented by Shri Bhikam Chand Jain, they continued their objectionable activities in manufacturing and selling the patented septic tank to the prejudice of the respondent Balram Singh by using the brand name Balram Septic Tank and issued advertisements, brochures etc. falsely suggesting that they had the sole and exclusive right to manufacture and sell the same. On being apprised of this the respondent got a trade notice dated April 17, 1984 published in a Hindi daily the Desh Bandhu published from Jabalpur cautioning the public that the contemnors had no right to market the product Balram Septic Tank of which he was the inventor.

3. In flagrant disregard of the assurance given to this Court, the contemnors had a notice published in the same Hindi daily the Desh Bandhu dated April 19, 1984 asserting that this Court had not banned Messrs Jabalpur Cement Pipe Manufacturing Company from manufacturing and selling the patented septic tank in the name of Balram Septic Tank, that the respondent was never the owner and inventor of Balram Septic "rank and that the notice issued by him was only to mislead the public and to take commercial advantage out of it. Again, on June 7, 1984 the contemnors got published an advertisement in a Hindi daily the Sagar Saroj published from Sagar claiming their exclusive right to manufacture and sell the same in violation of the undertaking given to this Court.

4. In response to the show cause notice issued by this Court twice, the contemnors have now appeared and filed a counter-affidavit. They plead inter alia that :

1. They have not after February 20, 1984 used the caption or legend Design invented by Shri Bhikam Chand Jain in any of their advertisements, brochures etc.

2. They had never given any undertaking or assurance to delete forthwith and not to use the name Balram Septic Tank. A mere perusal of the Courts order would make the position clear.

3. The respondent had never manufactured any septic tank under the trade name of Balram Septic Tank which is the name given Messrs Jabalpur Cement Pipe Manufacturing Company to the septic tank manufactured by them. He used to manufacture and advertise his septic tank under the name Shanker Septic Tank Latrine, and got the design duly patented and registered in his own name.

4. It was the grievance of the respondent that the advertisements, brochures etc. issued by than showed that it was the Design invented by Bhikam Chand Jain. managing partner of the firm. It was in those circumstances that an assurance was given