KRONE AKTINGESELLSCHAFT Vs. KARTIK TELECOMPTROLS PVT LIMITED

JUDGEMENT

(1.) Plaintiffs have filed the present suit for permanent injunction in this Court against the defendants to desist forthwith from using, in any manner whatsoever, the casing, design/construction described and claimed by the plaintiff in its Indian Patent No. 164857 dated 12th May, 1987.

(2.) I.A.No. 1069/92, under Order 39 Rules I and2C.P.C. has been filed in the suit for an ex parlead interim injunction order.. This Court on January 31,1992, restrained the defendant from using, in any manner, whatsoever the casing, design/construction similar or deceptively similar to the casing/design/construction of the plaintiff in its Indian Patent No. 164857 dated May 12, 1987.

(3.) I.A.No. 1992 of 92 under Order 39 Rule 4 read with Section 151 Civil Procedure Code . has been filed by the defendant for vacating the ex parte ad interim order made in favour of the plaintiffs and for declaring the patent as invalid. for the reasons as specified in the said application. Both the applications raise common questions of law and they can be disposed of by this order.