G. Rohini, J. - (1.) CRL.M.A. No.18179/2015 in LPA No.888/2015 CRL.M.A. No.18178/2015 in LPA No.889/2015 1. The respondent No.1 in LPA Nos.888 and 889/2015 filed these two applications under Section 340 of Criminal Procedure Code, 1973 (Cr.P.C.) alleging that the appellants/non-applicants made false statements on oath in the said appeals and, therefore, it is necessary to refer the matter to the concerned Magistrate for appropriate action under Section 195 of Cr.P.C.
(2.) We may at the outset, refer to the relevant facts in brief.
(3.) The applicant/Telefonaktiebolaget LM Ericsson (Publ) (for short 'LM Ericsson' is the plaintiff in C.S.(OS) No.442/2013 on the file of this Court for permanent injunction against the defendants viz. (i) Mercury Electronics Ltd. and (ii) Micromax Informatics Limited (for short 'Micromax') restraining them from infringing the registered patents of the plaintiff/LM Ericsson. An interim order was passed on 12.11.2014 in IA Nos.3825/2013 and 4694/2013 directing the defendant to pay royalty to the plaintiff at the rate specified therein. Alleging that Yu Televentures Pvt. Ltd., which is a wholly owned subsidiary of Micromax/defendant No.2 has been using the suit patents without paying royalty to the plaintiff, Contempt Petition being CCP No.71/2015 has been filed under Order 39, Rule 2A of CPC against (i) Micromax, (ii) Yu Televentures Pvt. Ltd. and the Directors/Officers of Yu Televentures Ltd., namely, Mr.Rahul Sharma, Mr. Sumit Kumar and Mr.Vikas Jain. By order dated 02.12.2015 in CCP No.71/2015, the learned Single Judge held that Yu Televentures Pvt. Ltd. as well as the Directors are in contempt of the order of the Court dated 12.11.2014. Aggrieved by the said order, Yu Televentures Pvt. Ltd. filed LPA No.888/2015 whereas the Directors of Yu Televentures Pvt. Ltd. filed LPA 889/2015.;