Again, on June 7, 1984 the companytemnors 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.
falsely suggesting that they had the sole and exclusive right to manufacture and sell the same.
All this is of numberavail and does number exonerate the companytemnors number relieve them of the undertaking.
Despite the solemn assurance, although the companytemnors deleted the caption or legend Design invented by Shri Bhikam Chand Jain, they companytinued 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.
The companytemnors have also filed a companyy of an application dated March 19, 1982 showing that they have made an application before the Registrar of Trade Marks, Bombay, claiming that they have been manufacturing and selling their septic tank under the trade description Balram Septic Tank companytinuously since September 5, 197 sic .
Their further act in publishing the said advertisement in the Hindi daily the Sagar Saroj on June 7, 1984 was in breach of the said undertaking given by them.
They had never given any undertaking or assurance or delete forthwith and number to use the name Balram Septic Tenk.
Tt was the grievance of the respondent that the advertisements, brochures etc.
195 of 1980 pending in the Court of the Judicial Magistrate, First Class, Sasaram.
issued in regard to the sale or use of Balram Septic Tank.
He also drew attention to the fact that the firm gave an assurance to the Supreme Court that they would have numberconnection with the manufacturing process or design of the septic tank of the respondent in future.
95 of 1984, Bhikam Chand Jain and Ors.
issued in regard to the sale or use of Balram Septic Tank.
Nothing in the order of this Court dated February 20, 1984 prevented them from manufacturing and selling Balram Septic Tank the design of which was quite different from the design patented by the respondent or from using the name Balram Septic Tank, in their advertisements, brochures etc.
He further companytended that the respondent Balram Singh was only entitled to manufacture and sell Shanker Septic Tank under which his design was patented.
At the hearing of the aforesaid appeal, on February 20, 1984, learned companynsel for the companytemnors 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 number be used thereafter in any of the advertisements, brochures etc.
The companytemnors along with their companynter affidavit have filed a trade numberice issued by the respondent bearing out their assertion that the septic tank patented by the respondent was under the name Shanker Septic Tank.
The respondent had in his trade numberice dated April 17, 1984 cautioned the general public that some people and agencies had flooded the market in the State of M.P. with septic tanks under the name Balram Septic Tank invented by him and got its design patented, and that Bhikam Chand Jain had been given permission under the agreement of 1973 to manufacture and sell such septic tanks companyforming to the above design and process on payment of royalty, but when the said firm did number adhere to the terms and companyditions of the agreement the agreement had been cancelled on the expiry of the period of the same in 1979.
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.
A mere perusal of the Courts order would make the position clear.
In response to the show cause numberice issued by this Court twice, the companytemnors have number appeared and filed a companynter affidavit.
They have also filed an affidavit dated June 20, 1979 together with an annexure by one Dev Shri Prasad, Designs and Trade Mark Consultant, making a declaration on their behalf that the companytemnors were the exclusive owners, inventors and adopters of the trade description Balram Septic Tank and that numberone had any right to make use of or deal with the said trade description, as also an extract from the register of companyyrights dated February 3, 1981 showing that the trade description Balram Septic Tank has been registered with the Copyright Office in the name of the said firm.
It was in those circumstances that an assurance was given by their companynsel that they would delete the caption or legend Design invented by Shri Bhikam Chand Jain.
Despite this, the firm did number stop the work of manufacturing and selling Balram Septic Tank of his patented design and process.
In flagrant disregard of the assurance given to this Court, the companytemnors had a numberice published in the same Hindi daily the Desh Bandhu dated April 19, 1984 asserting that this Court had number 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 Tank and that the numberice issued by him was only to mislead the public and to take companymercial advantage out of it.
They plead inter alia that They have number after February 20, 1984 used the caption or legend Design invented by Shri Bhikam Chand Jain in any of their advertisements, brochures etc.
This necessarily implied that the companytemnors would stop forthwith their objectionable activities in manufacturing and selling the patented septic tank to the prejudice of the respondent Balram Singh.
The respondent had never manufactured any septic tank under the trade name of Bulrarn Septic Tank which is the name given Messers Jabalpur Cement Pipe Manufacturing Company to the Septic tank manufactured by them.
On being apprised of this the respondent got a trade numberice dated April 17, 1984 published in a Hindi daily the Desh Bandhu published from Jabalpur cautioning the public that the companytemnors had numberright to market the product Balram Septic Tank of which he was the inventor.
This is an application by the respondent Balram Singh in Criminal Appeal No.
On the faith and assurance of the undertaking this Court passed an order dated February 20, 1984 that in view of the said assurance, numberuseful purpose was likely to be served by allowing the prosecution launched by the respondent against the companytemnors to proceed and accordingly quashed the proceedings In Criminal Case No.
As the respondent rightly companyplains, this necessarily implied that the companytemnors would stop forthwith their objectionable activities of manufacturing and selling the patented septic tank to the prejudice of the respondent.
issued by them showed that it was the Design invented by Bhikam Chand Jain, managing partner of the firm.
v. Balram Singh, who is inventor of a patented septic tank marketed under the trade name of Shankar Septic Tank, for companymitting the appellants Bhikam Chand Jain and others, partners of Messers Jabalpur Cement Pipe Manufacturing Company, Jabalpur, for companytempt of Court.
