Bidi unit petition regarding trademark issue dismissed
| Date :26-Feb-2020 |
Legal Correspondent :
In the matter related to illegally doing business of making and selling of bidis in the name of Khargosh brand, the firm M/s Radhakishan Narayandas is allegedly illegally engaged in the manufacturing and marketing and the firm are mainly sent for sale in Uttar Pradesh and the firm has bidi making units in village Majhgawan, Indrana, Ghughra and Katangi in Jabalpur district, the single bench of the Madhya Pradesh High Court comprising Justice Rajeev Kumar Dubey has dismissed the criminal revision with the liberty to the applicants to raise all their objections before the Trial Court at the appropriate stage.
The Trial Court will decide according to law at an appropriate stage without being influenced by the impugned order or observation made by this court in this revision. The single bench has heard the criminal revision filed by Jayantilal and others registered on November 24, 2003, against the State Government, Sharad Kumar Patel, Bhupendra Kumar Patel and Azad Kumar Patel.
This criminal revision has been filed against the order dated August 23, 2003, passed by Judicial Magistrate First Class, Sihora, Jabalpur, in criminal case, whereby JMFC framed charge against the applicants, accused for the offence punishable under sections 485, 486, 487, 488 read with Section 34 of IPC. Brief facts of the case which are relevant for the disposal of this criminal revision are that Sharad Kumar Patel (who has died during the pendency of this revision), non-applicant Bhupendra Kumar and non-applicant Azad Kumar Basantlal lodged a complaint at police station Majhgawan, Sihora tehsil, averring that they are the partners of firm M/s Radhakishan Narayandas and the firm is engaged in the manufacturing and marketing of bidis under the trademark Khargosh.
The said trademark is registered under the Trade and Merchandise Marks Act, 1958, and bears registration no 112689. The wrapper in which bidis are packed is also registered and bears registration no 164797. The bidis that are made by the firm are mainly sent for sale in Uttar Pradesh and the firm has bidi making units in village Majhgawan, Indrana, Ghughra and Katangi in Jabalpur District. It is further averred that in the past Chandrika Prasad Patel and Govind Singh, used to work in Majhgawan unit of the firm. Complainants, respondents expelled them and ten months ago they also expelled applicants Jayantilal Patel and Ramchandra Patel from the partnership of the firm M/s Radhakishan Narayandas. Thereafter, they had no relation with the firm and the trademark of the firm.
It further averred that the information was received that applicants Jayantilal Patel, Ramchandra Patel, Chandrika Prasad Patel and Govind Singh are selling the bidis by using the firm’s name and trademark and are earning illegal profits and also causing loss to the firm, so action be taken against them. On that police inquired about the matter and during the enquiry, police raided the premises located at village Gidurha and seized packets of Khargosh brand bidis and packaging material and found that applicants are illegally doing business of making and selling bidis in the name of Khargosh brand. On that police filed the complaint before the JMFC Sihora against the applicants. On the basis of that complaint Criminal Case was registered and JMFC, Sihora vide order dated on August 23, 2003 framed charge against the applicants for the offence punishable under Sections 485, 486, 487, 488 read with Section 34 of IPC. Being aggrieved from that order applicants filed this criminal revision. Senior Advocate Manish Datt with Advocate Chetan Jaggi appeared on behalf of the applicants, while panel lawyer Sour Soni for the State.