VISHAL CHOUDHARY Vs. SNPC MACHINES PRIVATE LIMITED

JUDGEMENT

(1.) Instant appeal preferred under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC") read with Sec. 13 of Commercial Courts Act, 2015, impugns the order dtd. 5/3/2024 passed in I.A. 11490/2023, whereby the application under Order XXXIX Rules 1 & 2 of the CPC, filed by the respondents-SNPC Machines Pvt. Ltd. (hereinafter referred to as the 'plaintiff 'or 'SNPC") was allowed and the appellant (hereinafter referred to as 'Vishal Chaudhary'or the 'defendant") was injuncted or restrained from using, making, manufacturing and selling subject brick-making machines qua which the plaintiff is having patents.

(2.) The facts germane to the present appeal are that the plaintiff (SNPC) is engaged in manufacture and sale of mobile brick-making machines qua which it holds four patents bearing Nos.353483, 359114, 374814 & 385845.

(3.) The plaintiff (respondent herein) filed a suit for permanent injunction alongwith the above referred application for temporary injunction claiming that it had developed a mobile brick-making machine, which has done away with traditional way of brick-making in which the raw bricks after being taken out from the moulds were laid on the ground for drying involving a lot of manual labour. The machines developed by SNPC have a different mechanism according to which the machines themselves work on the ground and spread the raw bricks in such a way that human labour in handling the bricks is eliminated. According to the plaintiff, the invention has revolutionised the process of brick-making in the world.