1. The petitioner herein has prayed for quashing of proceeding being
complaint case no. 743 of 2021, presently pending before ld. Judicial
Magistrate 4th Court Barrackpore, which has been initiated under sections
420/406/461/471/120B and 34 of Indian Penal Code(IPC), including order
dated 14/11/2022, by which the court below has issued process against
the petitioners.
2. The complainant / opposite party herein contended that complainant
is the proprietor of several trademarks and exclusive technologies,
including ‘Hydris’ which is the only product approved by the Research
Design and Standard Organization in measuring level of hydrogen in liquid
steel, which is essential for safety of railway tracks. The petitioners were
granted a distributorship of the products of the opposite party/ company
pursuant to a distributorship agreement and were only entitled to use the
products and trade marks of the opposite party/ company for the limited
purpose of advertising the products of the opposite party/ company.
However, the distributorship agreement was terminated by the complainant
/opposite party on 24th October, 2013
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