HOMAG INDIA PRIVATE LTD Vs. ULFATH ALI KHAN

JUDGEMENT

(1.) THE appellant in these two appeals is common. The appellant is plaintiff in O.S.No.4418/2009 (hereinafter referred to as 'plaintiff'). The respondents herein are defendants 1 & 2 in O.S.No.4418/2009 (hereinafter referred to as 'defendants 1 & 2'). The plaintiff had sought for an order of temporary injunction against defendants 1 & 2. The learned trial Judge dismissed the application for grant of an order of temporary injunction against II-defendant and granted an order of temporary injunction against I-defendant 3 to obey the terms of contract had with plaintiff till disposal of suit or for one year i.e., till April 2010, whichever is earlier.

(2.) THE plaintiff has filed these two appeals, inter alia contending that learned trial Judge should have granted an order of temporary injunction against defendants 1 & 2 till disposal of suit.

(3.) IN brief, averments of plaint and application necessary for disposal of these two appeals are stated thus:- The plaintiff is a private limited company registered under the Companies Act, 1956. It was incorporated in the year 2004. The plaintiff's company is an Indian subsidiary belonging to Homag Group, which originated in Germany and now has several subsidiaries across the world, including 4 in India, Singapore, Australia, Japan, Brazil, etc. The Homag Group and plaintiff company are the world's leading suppliers of machines, cells and factory installations for the panel processing furniture, structural element and timber frame house construction industries. The plaintiff has entered into trading and service activities. The product range of the group focuses on machines, cells and factory installations designed for efficient, versatile processing of wood based panel materials. The plaintiff's company has a separate department set up for research and development, where huge amounts of funds are spent for the purpose of discovering and inventing new processes for manufacture of light weight panels, like honey comb structures, high speed machines for manufacture of flooring, for special technologies in transport chains using magnetic levitation and so on.