Bombay High Court
Brihan Karan Sugar Syndicate Pvt. Ltd vs Yashwantrao Mohite Kurshna Sahakari ... on 9 October, 2019
Author: B.P.Colabawalla
Bench: B.P.Colabawalla
26.conp.26.18..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO. 26 OF 2018
IN
SUIT NO. 678 OF 2014
Brihan Karan Sugar Syndicate Pvt Ltd ..Petitioner
Vs.
Yashwantrao Mohite Krushna Sahakari
Sakhar Karkhana and Others ..Respondents
Mr. Himanshu Kane i/b W. S. Kane and Co, for the Petitioner.
Mr. Anil V. Anturkar, Senior Advocate i/b Sugandh B.
Deshmukh, for the Respondents.
Mr. Suryakant Dalvi, Respondent No.3 present in court.
CORAM :- B.P.COLABAWALLA, J.
DATE :- OCTOBER 9, 2019.
P. C.:
This Contempt Petition has been fled alleging contempt of the order and decree dated 1 st July, 2015. It is stated in the Petition that the Petitioner is the present Proprietor of the composite trade mark label containing the word "TANGO PUNCH" (in Devnagari Script) as its leading Aswale 1/4 ::: Uploaded on - 10/10/2019 ::: Downloaded on - 11/10/2019 00:11:20 :::
26.conp.26.18..doc essential and memorable feature registered under the Trade Mark Act, 1999 under Registration No. 1051107 in Class 33 in respect of country liquor. It is this trade mark that was the subject matter of Suit No. 678 of 2014 and which was disposed of by the order and decree dated 1st July, 2015.
2 It is the case of the Petitioner that in or about the month of January 2018 (after passing of the decree), the Petitioner was shocked to learn that the frst Respondent has made an application to the Commissioner, State Excise Department, Maharashtra seeking his permission/ approval to use trade mark labels (1) DESHI DAARU TANGO PUNCH, (2) DESHI DAARU NO.1 TANGO PUNCH and (3) DESHI DAARU TANGO PUNCH PREMIUM, all containing the word "TANGO PUNCH" as their leading, essential and memorable feature in relation to its country liquor. At Exhibit-D, is a copy of the notice dated 18th January, 2018 issued by the Commissioner, State Excise Department, Maharashtra along with the impugned labels.
3 In the Petition, it is stated that the Petitioner Aswale 2/4 ::: Uploaded on - 10/10/2019 ::: Downloaded on - 11/10/2019 00:11:20 :::
26.conp.26.18..doc further realized that the frst Respondent has also failed to pay the amount of Rs. 1,00,000/- to the Petitioner as ordered and directed to be paid as and by way of punitive damages under the order and decree dated 1st July, 2015. It is in these circumstances that the present Contempt Petition is fled. 4 Mr. Anturkar, the learned Senior counsel appearing on behalf of the Respondents has brought to my attention the affdavit in reply by one Suryakant Narayan Dalvi who is the Managing Director of the frst Respondent and is also Respondent No.3. Mr. Anturkar on taking me through this affdavit pointed out that immediately on the fling of this Contempt Petition and within a period of seven days thereof, the Respondents have withdrawn the application made to the Commissioner, State Excise Department, Maharashtra, which the Petitioner alleges amounts to violation of the order and decree dated 1 st July, 2015. Mr. Anturkar further brought to my attention that the amount of Rs. 1,00,000/- has been paid vide cheque no. 12014294 dated 30th March, 2018 drawn in favour of the Aswale 3/4 ::: Uploaded on - 10/10/2019 ::: Downloaded on - 11/10/2019 00:11:20 :::
26.conp.26.18..doc Petitioner company on the Union Bank of India. Mr.Anturkar further submits that these remedial measures being taken, no further action be taken on this Petition. Mr. Anturkar, on taking instructions from the Managing Director of Respondent No.1, who is present in Court, further undertakes to this Court that no such application shall also be made in future to the Commissioner, State Excise Department, Maharashtra in relation to the trade mark of which the decree has been passed. The said statement is also accepted as an undertaking given to this Court.
5 Considering the affdavit in reply dated 9th August, 2019 and the further undertaking given as recorded earlier, I do not think that any further action need be taken on this Contempt Petition. It is therefore accordingly disposed of.
(B. P. COLABAWALLA, J.) Aswale 4/4 ::: Uploaded on - 10/10/2019 ::: Downloaded on - 11/10/2019 00:11:20 :::