Subordinate courts should not bypass procedure, says Patna HC

Patna: Granting relief to a private company and its director from facing a contempt case arising out of a trademark dispute, the Patna high court has ruled that subordinate courts, “despite acting with pious intents and praiseworthy efforts, should not bypass the legal procedures and should function within the four corners of the law.

” The court further observed that ignoring procedural rules amounts to a “short circuit of legal proceedings.”A single bench of justice Arun Kumar Jha, while allowing a civil miscellaneous application filed by a company engaged in renewable energy, hospital and medical care, lifestyle and home sectors, set aside an order of a subordinate court in Patna that had initiated contempt proceedings against the company and its director, Vijay Munjal.The high court’s ruling, delivered on Sept 3, entered the public domain on Thursday when it was uploaded on the HC website.The case dates back to Sept 7, 2019, when the court of additional district judge-XVI had initiated contempt proceedings against the company and Munjal for allegedly violating an interim injunction issued by the district judge, Patna, on Sept 22, 2014. The injunction had restrained the firm, its directors, representatives and agents from using, applying or engraving a particular trademark, in a suit filed by a company and its director.

Appearing for the petitioners, counsel Suraj Samdarshi argued that the subordinate court had committed a procedural lapse by initiating contempt without instituting a separate miscellaneous case, as required under civil court rules. He further submitted that the company and its director were not given any opportunity to defend themselves.