Judgement Date:23.09.2022
Case No. MCRC No. 43601 of 2022
The High Court of Madhya Pradesh at Indore Bench
Hon'ble Justice Shree Rajendra Kumar Verma
Gopal Sabu and Others Vs The State of Madhya Pradesh and another
The Petitioner filed the subject matter Petition seeking ad interim relief against the Respondents 1-3. The subject matter criminal complaint was filed against the Respondent No.1 to 3 being aggrieved of use of Trademark SACHAMOTI Poha.
The Respondents alleged suppression by the Petitioner. The Petitioner suppressed that there is dispute between the parties regarding “SACHAMOTI” trade mark and the dispute of civil status are pending before the High Court of Delhi and the Delhi High Court allowed the
petitioners and respondent no.3 to use the trade mark but it also directed them not to claim themselves to be the true owner of trade mark “SACHAMOTI.
The Hon'ble High Court of Madhy Pradesh refused to grant any interim relief to the Petitioner after placing reliance of Hon'ble Supreme Court of India in S.P. Chengalvaraya Naidy vs. Jagannath reported as AIR 1994 SC 853 at p. 855 has elucidated this doctrine thus:
“The Courts of law are meant for imparting justice between the parties. One, who comes to the Court, must come with clean hands. We are constrained to say that more often than not, process of the Court is being abused. Property grabbers, tax evaders, bank loan dodgers and other unscrupulous persons from all walks of life find the Court process a convenient lever to retain the illegal gains indefinitely. We have no hesitation to say that a person, whose case is based upon falsehood, has no right to approach the Court. He can be summarily thrown out at any stage of the litigation.”
As in the given case, the Petitioner suppressed the factum of pendency prior civil dispute between the party. The Hon'ble High Court of Madhya Pradesh did not grant any relief to the Petitioner.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
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