LAWS(DLH)-2013-7-25

EATON CORPORATION Vs. BCH ELECTRIC LIMITED

Decided On July 01, 2013
Eaton Corporation Appellant
V/S
Bch Electric Limited Respondents

JUDGEMENT

(1.) By this order, I shall dispose of two applications under Order XXXIX, Rules 1 & 2, read with Section 151 CPC; first being I.A.No.1204/2012 filed by the plaintiffs, Eaton Corporation & Another in CS(OS) No.156/2012, and second being I.A.No.4318/2012 filed by the defendant BCH Electric Ltd. in its suit being CS(OS) No.575/2012. Both the applications are being decided by common order. In the order, Eaton Corporation & Another would be referred as "Plaintiffs" and BCH Electric Limited would be referred as "Defendant".

(2.) The case of the plaintiffs is that plaintiff No.1, M/s Eaton Corporation is a company organized and existing under the law s of United States of America. The plaintiff No.2, Eaton Power Quality Pvt. Ltd., New Delhi is the subsidiary of plaintiff No.1.

(3.) The plaintiff No.1 (the expression whereof shall include its predecessors-in-interest and title) are engaged in the business of the manufacture and sale of "electric apparatus for use in operating machines, engines and motor by current control and electrical supplies, consisting of; controllers for dynamoelectric machines to wit; starting, stopping, reversing, and speed regulating apparatus for motors, and voltage and current regulating apparatus for generators and like control apparatus for rotary convertors; current breakers; magnetic brakes for various types of machines; lifting and separating magnets and controls therefor; solenoids; electric panel boards and other goods included in Class 9.