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2005 Supreme(Del) 854

High Court Of Delhi
GE MOTORS INDIA PVT.LTD. - Appellant
Versus
MUKESH KUMAR - Respondent
CCP : 51 of 2005
Decided On : 09/01/2005

Advocates Appeared:
Keshav Dhakad, Munish Mehra, Parveen Anand,

The deliberate obstruction of commission proceedings, physical assault on court officials, and willful disobedience of court orders constitute criminal contempt of court under the Contempt of Courts Act, 1971.

Headnote:

Contempt of Courts - Infringement of Trade Mark - Contempt of Courts Act, 1971 - Sections 11, 12 - Article 215 of the Constitution of India

Fact of the Case:

The petitioner filed a suit for permanent injunction against the defendant for infringement of trade mark. During the execution of the commission proceedings, the defendant and others obstructed and physically assaulted the local commissioner and his team, leading to a disruption of the proceedings.

Finding of the Court:

The court found that the respondents committed criminal contempt of court by willfully disobeying the court's orders, obstructing the administration of justice, and assaulting the commissioner and counsel. The court directed the matter to be laid before a Division Bench for further proceedings.

Issues: Infringement of trade mark, obstruction of commission proceedings, physical assault on the commissioner and his team, willful disobedience of court orders

Ratio Decidendi: The respondents' conduct constituted criminal contempt of court due to their deliberate and willful actions, including obstruction of justice and physical assault, which warranted further proceedings before a Division Bench.

Final Decision: The court directed the matter to be laid before a Division Bench for further proceedings, subject to obtaining orders from the acting Chief Justice, and ordered the respondents to be present in court.

SWATANTER KUMAR, J.

( 1 ) THIS is a petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) read with Article 215 of the Constitution of india wherein the petitioner has made the following prayer :-

IT is therefore prayed that this Hon ble Court may be pleased to :- (i) direct the Contemnor to reveal the identity including full names and addresses of his fellow contemnors, namely his uncle and the Pradhan of the locality and the other men who disrupted the commission proceedings; (ii) hold the contemnors to be in civil contempt of this hon ble Court and initiate civil contempt proceedings against the Contemnors; (iii) punish the Contemnors in accordance with law, and specifically, to order the arrest and detention of the contemnors in prison, and to impose a fine on them as provided for under the provisions of the Contempt of courts Act, 1971 and the Constitution of India; Any further orders as this Hon ble Court may deem fit in the facts and circumstances of this case be passed to uphold the sanctity of law.

( 2 ) THE above prayers of the petitioner is founded on the facts that the petitioner had instituted a suit for permanent injunction restraining infringement and dilution of trade mark, passing off, damages, rendition of accounts, delivery up etc against the defendants in the suit. According to the plaintiff in the suit, GE motors India Private Limited is a Company incorporated under the Indian Companies Act, 1956 with its registered office at Faridabad. The Company was originally set up as a Joint Venture (JV) Company between General Electric corporation and DLF Universal Limited. Subsequently, dlf Universal Limited became the majority shareholder in the plaintiff company and GE Corporation divested its shareholding in the plaintiff in the year 2004 to a US based company, Regal Beliot which is now majority shareholder in the plaintiff. Plaintiff claims to be a leader in the field of manufacturing and selling of fractional Horse Power motors of world class technology, design and quality, in India. The goods of the plaintiff are being sold under the trade marks AUE and cool HOME. In terms of Assignment Deed dated 24th december, 2005 rights were assigned by the DLF Universal in favour of the plaintiff. The plaintiff claims to be performing extremely well in business and has a reputation in the manufacturing and sale of the goods under the said trade marks. It is stated that in April, 2005 the plaintiff came to know that the defendant, mr. Mukesh Kumar, trading as Baghel Electricals, operating from WZ-187, Basai Darapur, Opposite ESI Gate, New Delhi was selling, supplying, distributing and manufacturing infringing counterfeit plaintiff s water cooler pumps under the trade marks AUE and COOL HOME and the trade name of the plaintiff GE Motors without any authorisation or permission and as such the suit for the injunction and other reliefs was filed in this Court. When the suit came up for hearing before the Court on 31st May, 2005, the court passed an order injuncting the defendant in the following order :-

IA 4691/2005 heard. Allowed subject to just exceptions. CS (OS) 840/2005 register. Issue summons by ordinary process, registered ad and through approved courier returnable by 2nd september, 2005. IA 4689/2005 and 4690/2005 i have heard Mr. Anand, learned counsel for the plaintiff in support of the prayer made in these applications for ad interim ex-parte injunction and for appointment of a court Commissioner to take the infringing goods into custody and to return the same to the defendant on superdari. The plaintiff s case as set out in the plaint is that the plaintiff is a leader in India in the field of manufacturing and selling of Fractional House Power (FHP) motors of world-class technology, design and quality. The plaintiff claims to have served the white goods market by manufacturing high quality motors which are used for heating, air-conditioning, refrigeration, washin











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