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