PUNJAB TRACTORS LIMITED Vs. INTERNATIONAL TRACTORS LIMITED

JUDGEMENT

(1.) , J.

(2.) THIS is an application moved by the plaintiff under Order 39 Rules 1 & 2, CPC for interim injunction for restraining the defendants from using the drawings of the plaintiff relating to manufacture of components in respect of tractors of 35 to 60 HP. The drawings have been filed in the aforesaid suit. Similar application has been moved by the defendant in S. No. 301/2003 restraining the plaintiff from using the drawings adopted by it which also relate to the manufacture of parts of tractors of 35 to 60 horse power. Mr. Kapil Sibal, learned senior counsel for the plaintiff-Punjab Tractors Limited (in short PTL) has stated that PTL has not at any time used the drawings of CMERI/MERADO, save as those drawings related to 20 HP tractors, the proprietorship of which vested in NRDC and In respect of which the licence to use was given to PTL in accordance with the agreements dated 31st July, 1972 and 2nd August, 1972. However, this claim of Mr. Sibal has been disputed by Mr. Sudhir Chandra Agarwala, learned senior counsel for defendant-International Tractors Limited (in short ITL) as according to him the aforesaid claim of the plaintiff is not correct and can be ascertained only during trial by way of evidence.