PUNEET INDUSTRIAL CONTROLS PVT LTD Vs. CLASSIC ELECTRONICS

JUDGEMENT

(1.) IA 11853/94 has been filed by the plaintiffs under Order 39 Rules 1 and 2 for injunction. Ad interim injunction was granted by this Court on 19.12.1994. IA 1563/95 had been filed by the defendants under Order 39 Rule 4 CPC for vacating ad interim injunction. The plaintiffs have filed the suit claiming for injunction on the basis of the Copyright held by the plaintiffs in the electronic relays manufactured by the plaintiffs. The reliefs prayed for by the plaintiffs are as follows:

(2.) IN or about 1975 the plaintiff No.1 (and/or its predecessor in interest) started manufacturing and selling broad range of electronic relays used for the protection and automation of electrical installations used by major chemical plants, thermal power stations and defence electronic installations. The plaintiffs are also manufacturing electronic relays for Diesel generating set panels. The plaintiffs are also manufacturing reverse power relays, engine relay, alternator voltage monitor relay, mains voltage monitor relay, over voltage relay for load protection, D.C. Timer, A.C. Timer, over frequency relay for engine speed protection, earth-fault relay, over load relay, auto booster controller, self priming timer and electronic timer. The products of the plaintiffs are highly superior in its working to other products available in the market and enjoyed very high reputation in the market. The plaintiffs have been improving upon the products and the design, lay out and the unique electrical/electronic circuits and drawings/photographs depicting the same constitute "artistic work" within the meaning of Section 2 (c)(i) of the Copyright Act, 1957. The electronic/electrical circuits are encompassed within the component call 'EPOXY' and this is a "trade secret" and "confidential proprietary information" of the plaintiffs.

(3.) THE plaintiffs have filed replication repudiating the allegations made in the written statement.