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Recently, a company named Sapat and Co Pvt Ltd filed an infringement suit against the Feel Good India and Narendra Marketing, which markets cough syrups. The label marks of both the enterprises appeared to be the same.
The plaintiff sought a permanentinjunction before the court alleging the copyright infringement. However, the court granted an only temporary injunction and appointed a court receiver, Bombay High Court as Receiver to seize and take charge, possession and control of all goods bearing the impugned label mark, which can be done with the aid of police, if necessary. The couple running the Feel Good India and Narendra Marketing threatened the court-appointed receiver by divulging their intentions to level false molestation complaints against him. This occurred when the court-appointed receiver found out the transportation of infringed foods outside the factory by the plaintiff.
Ms Gandhir said the court that she yelled at them as she had not known them. Further, the court was convinced about the fact that the threatening was indeed true, and the dishonest woman used the most easily available weapon to target the court-appointed receiver. In all the similar cases, the victims of such false complaints had to fight the cases on their own, and prove their good character. If the socially enabling legislation meant for a person's empowerment is misused by the very same person, such misuse must be taken on a serious note and condemned.
Without any leniency, Justice SJ Kathwallasaid, "If such abhorrent behaviour is left unpunished, by showing 'compassion' to a person who knowingly, grossly abuses the process of law, and thereafter attempts to justify the same by saying that she did it 'in a fit of rage', the court will send out a wrong message to the general public, that it is not out of place for women to hold out such threats to their male counterparts, and thereafter plead for 'compassion'."
In light of the above facts and contentions, the court imposed Rs. 25 lakh fine on the couple for causing fear of baseless and false charges against the court-appointed receiver. The court noted the fact that this obstructed the justice. Hence, of Rs. 25 lakhs, Rs. 5 lakhs shall be paid to the plaintiff and Rs. 20 lakhs to the Tata Memorial Hospital
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