2012 (2) TMI 446

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..... arayanan, Additional Government Pleader, ORDER :- M. JAICHANDREN J.-Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing on behalf of the respondents. 2. Since, the facts and the circumstances arising for consideration in both the above writ petitions are the same, a common order is passed. 3. It has been stated that the petitioners a .....

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..... in the transportation of the goods to other States, in the past. However, the third respondent and the fourth respondents are restraining the petitioners from transporting the old empty beer and brandy bottles to the other States, for the reason that the bottles, which are now being transported have been designed by certain distilleries and that the design of the bottles have been registered, und .....

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..... ing empty bottles to other States, without the authority of law. The first information reports have been filed before the police, under section 406 of the Indian Penal Code, read with section 22(1) of the Designs Act, 2000, arbitrarily and illegally, causing irreparable financial loss and mental agony to the petitioners. The act of the respondents 3 and 4 are contrary to articles 14, 19(1)(g) and .....

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..... f and when they are asked to do so, as to how they are entitled to transport the empty beer and brandy bottles to other States, when there are rival claims made by the third parties, relating to infringement of the provisions of the Designs Act, 2000. The learned counsel appearing on behalf of the respondents had also submitted that a general prayer, as prayed for by the petitioners, may not be gr .....

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..... by the petitioners, arbitrarily, without the authority of law. 10. In such view of the matter, it is clear that the above writ petitions, filed by the petitioners, are devoid of merits. Hence, they are dismissed. No costs. However, it goes without saying that it would be open to the petitioners to challenge the proceedings that may be initiated by the respondents, if they are infringing the righ .....

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