Commencing of both criminal and civil actions simultaneously.

JANARTHANAM, J.

Petitions praying that in the circumstances stated therein the High Court will be pleased to call for the records and quash the proceedings in C. C. No. 2946 of 1992; 2947/1992 and 2948 of 1992 respectively on the file of the Court of the XIV Metropolitan Magistrate, Egmore, Madras - 600 008.

Order: These petitions coming on for hearing on 30.7.92, 10.8.92, 18.8.92, 20.8.92, 25.8.92 and 11.9.92 upon perusing the petitions and upon hearing the arguments of Mr. R. Thiagarajan, Senior Counsel for M/s. M. Muthappan and A.K. Jayaraj, Advocates for the Petitioner in all the petitions and of Mr. U.N.R. Rao, Senior Counsel for Mr. K. Mahesh, Advocate for the Respondent in each of the petitions and having stood over for consideration till this day, the Court made the following order:

Messrs Power Control and Appliances Company having its base and location at Ambattur, Madras, is the sole proprietrix concern of one Mrs. Madhuri Mathur. The said company, it is said, had been manufacturing and marketing power operated kitchen mixies since 1963 under the name and style of "SUMEET" Brand, a registered trade mark since 1970. The Mixies are packed in card board boxes containing a pictorial display on the four sides of the card board box and also on the top with attractive and artistic get up. Along with the mixies, certain operating instructions and a guarantee card are also given. The aforesaid company is the owner of the copyright with respect to the pictorial display on the four sides of the card board boxes, the booklet containing instructions and also the guarantee card, which were devised, conceived and made by Mrs. Madhuri Mathur with the help of artists, photographers, printers and executives employed for valuable consideration, and she is the first owner of the said copyright as per section 17 of the Copyright Act, 1967. The registered Trade Mark in the manner in which it is written it is said, has been subsequently assigned on 1.1.1981 by Mrs. Madhuri Mathur in favour of M/s. Sumeet Research and Holdings Limited, 601-E, Poonam Chambers, Shivsagar Estate, Dr. Annie Besant Road, Worli, Bombay-400018.

2. Power Control and Appliance Company alongwith other sister concerns filed three suits, viz. C. C. Nos.343, 431 and 432 of 1992 in April, 1992 against Sumeet Machines Private Limited, and Sekar and Sagar (A partnership firm of three partners - Sekar, Shantilal and Bepatlal) for certain reliefs relatable to the copyright, trade mark and design, under the Copyright Act, 1957, the Trade and Merchandise Marks Act, 1958 and the Design Act, 1911, and also obtained interim injunction in application Nos. 226, 227, 271 and 272 of 1992 on 25.3.92 and 9.4.92.

3. In the first week of April, 1992, Sumeet Research and Holding Limited filed C. C. Nos. 2946 and 2947 of 1992 and Mrs. Madhuri Mathur filed C. C. No. 2948 of 1992 against the following seven persons :

1) Sumeet Machines Private Limited, Nasik - 402 001

2) Mrs. Pramila Thukral, General Manager of No.1 Company

3) Arun Mathanna, Regional Manager - South of No.1 Company

4) Sekar & Sagar, Partnership firm Madras - 600 014

5) Sekar, Partner of No.4 firm

6) Shanthilal, Partner of No.4 firm, and

7) Bapatlal, Partner of No.4 firm

arraigning them as Accused Nos. 1 to 7 for infringement of sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and section 63 of the Copyright Act, 1957.

4. Application Nos. 226, 227, 271 and 172 of 1992 came up for further orders and on 29.4.92 the interim orders granted earlier had been vacated.

5. The persons arraigned as Accused 1 to 4 in the aforesaid three complaints have reported to the present actins, invoking the inherent jurisdiction of this Court under section 482 Cr. P.C., to quash the criminal proceedings against them. On 26.5.92 interim stay was granted in Crl. M.P. Nos. 3362 to 3364 of 1992. The Respondents, on receipt of notice entered appearance through a counsel of their choice and filed Crl. M.P. Nos. 3959 to 3961 of 1992 to vacat