HOLLAND COMPANY LP Vs. S.P. INDUSTRIES

JUDGEMENT

(1.) IA No. 1375/2014 (O 39 R 1 and 2 CPC) by plaintiffs This order shall dispose of the application of the plaintiffs under Order 39 Rules 1 and 2 of CPC. The application was earlier dismissed by this Court vide order dated 20.05.2014. However, in appeal vide order dated 12.09.2014, the Court was directed to decide the application afresh.

(2.) The plaintiffs have claimed themselves to be the owner of industrial drawings of Automatic Twist Lock (hereinafter referred to as "ATL") system for securing cargo containers to support such as deck of a vehicle or a second cargo with which the first container is to be stacked. Plaintiffs claimed to have invented the product and possess intellectual property rights, patent and copyright. It is submitted that, in fact, the invention was done by the plaintiff No.1, but the technology was transferred under an agreement dated 11.07.2006 to the plaintiff No.2. That the plaintiffs had supplied its product to the Indian Railways and it used it on container flat wagon. Plaintiffs claim that the drawings of ATL device along with its component, are the original Artistic Work and plaintiffs is the owner of copyright of these industrial drawings.

(3.) The Eastern Railway, Sealdah Division floated a tender for carrying out the repairs, replacement of spare parts and service, including overhauling and replacement of defective part of ATL devices and the plaintiff No.2 was also one of the bidder, but the successful bidder was the defendant and the contract for repairing of ATL for BLC Wagon at Wagon Maintenance Depot at NH of Sealdah Division was awarded to the defendant. The case of the plaintiffs is that the defendant does not have requisite know-how to replace and repair the spare parts of ATL device supplied by the plaintiffs to Indian Railways. The case of the plaintiffs further is that the plaintiff's drawings of the spare parts of ATL are readily available as it is a public document and was published by Indian Railways with due permission from the plaintiff No.2 vide its Publications No. G-100 titled as "The Technical Pamphlet For Inspection and Maintenance of Automatic Twist Locks (ATL) Devices Fitted on Container Flat Wagon" (hereinafter referred as "The Technical Pamphlet") issued by Research Designs and Standards Organization, Ministry of Railways. It contains the said detailed drawings and this document can easily be procured by making payment of Rs. 2300.00. It is submitted that the defendant being in the same trade, aware of such publication and has copied the drawings of the plaintiffs from this document and also procured the plaintiffs' product and spare parts and prepared the drawings for manufacturing the ATL devices and its spare parts, by using reverse engineering and/or by copying and using unauthorisedly the said drawings. The Indian Railways floated the tender dated 17.05.2012 for replacement and repair of the following parts of ATL devices supplied by plaintiffs:-