K K PURI Vs. M M INDUSTRIES

JUDGEMENT

(1.) The appellant is the plaintiff who obtained an order of temporary injunction on 17th March. 1989 restraining the respondents from using or dealing with the linearly slidable lock covered by the Indian Patent No. 161330 etc.

(2.) On the ground that the said order of injunction was violated action should be taken under Order 39 Rule 2A, the application being IA 7797/94 was filed by the plaintiff in the suit. Learned Single Judge, by an elaborate order dated 19th October, 1994 dismissed the said application. This appeal is against the said order.

(3.) The contention of the appellant is that on 29th August, 19879, a trader Mr. Sayed Iqbal Muneer from Gaziabad, who had been a customer of the Plaintiff went to the premisses of the respondent to purchase locks and mt one of the partners of the respondent/defendant. Again, on 9th September, 1989 the said Muneer along with one Notary Public, went to the premises of the defendant and met one of the partners of the defendant and at that time he purchased one lock for Rs. 13/- from the respondent. The lock was placed under sealed cover and was filed in this Court. This act of sale by respondent of a local amounted to violation of the injunction, according to the appellant.