G.P.MITTAL
Raymond Ltd. – Appellant
Versus
Rameshwar Das Dwarkadas P. Ltd. – Respondent
G. P. Mittal, J.
1. The Petitioners invoke inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (the Code) for quashing of the summoning order dated 07.11.2006 and the Criminal Complaint No.30/1 of 2005 titled M/s. Rameshwar Das Dwarkadas Pvt. Ltd. v. M/s. Raymond Limited & Others.
2. A complaint under Section 499 read with Section 500 of the Indian Penal Code (IPC) was preferred by the Respondent against the Petitioners on the allegations that the Respondent is the assignee of the trademark SUNSTAR. The trademark SUNSTAR is duly registered at number 1061264 with the trademark registry in the name of M/s. Unique Strategic Alliance. M/s. Unique Strategic Alliance by a deed of assignment dated 01.04.2005 transferred all rights in the earlier said trademark in favour of the Respondent. The first Petitioner (M/s. Raymond Limited and Ors.) served a legal notice dated 30.06.2005 Ex.CW-1/3 upon the Respondent alleging that it (Petitioner No.1) was the registered user of the trademark SUNFLOWER, JK, Sher, Rej, Three Files, Two Files etc. etc. The first Petitioner complained that use of the trademark SUNSTAR on the packaging case of the Files being
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