SERGI TRANSFORMER EXPLOSION PREVENTION TECHNOLOGIES PRIVATE LIMITED Vs. CTR MANUFACTURING INDUSTRIES LIMITED AND ORS.

JUDGEMENT

(1.) Both these cross appeals arise out of the judgment dated 16.04.2014, whereby the learned Single Judge has held that the suit cannot be rejected or dismissed at this stage as prayed for by the defendants and has directed that the pending application of the plaintiff for registration of the exclusive licence agreement dated 01.08.2006 shall be decided by the Patent Office within six months from the date of the judgment and pending the decision in the said application, all pending applications in the suit and the suit have been adjourned sine-die.

(2.) The plaintiff SERGI Transformer Explosion Prevention Technologies Private Limited has filed the present suit against the defendants - CTR Manufacturing Industries Limited seeking permanent injunction restraining them from infringing the registered Indian Patent No. 189089 and for damages, rendition of accounts, delivery, etc. Defendant No. 1 Mr. Kumar Pratap Anil is Managing Director of Defendant No. 2 CTR.

(3.) As per the plaint, the plaintiff is the exclusive licensee of defendant No.3 - Mr. Philippe Magnier in respect of its Indian patent No. 189089 in respect of "Method and Device for Preventing/Protecting Electrical Transformer against Explosion and Fire" by virtue of a licence agreement dated 01.08.2006.