R PRAKASH Vs. CHOWDHARY PLASTIC WORKS

JUDGEMENT

(1.) .On 13-6-1977, notice was given to Mr. Mangat Ram Chaudhary, proprietor of M/s. Chaudhary Plastic Works, defendant to show cause why his property should not be attached, and he be detained in civil prison under Rule 2-A of Order 39 of the Code of Civil Procedure (as inserted by Act 104 of 1976). This order will dispose of the said show cause notice.

(2.) . The plaintiff was granted patent No. 125113 of 1970 with respect to a method of producing a printed film and a printed film produced thereby from 35 mm cinematograph film strips in the ships of a circle or disc which is capable of being used in a specially adopted viewer. The images of this disc lie on a path defining a circle. The claims as mentioned in the said patent are under :-

(3.) The plaintiff alleges that the defendant has produced a printed film disc infringing his rights and he continues to infringe the patent rights of the plaintiff? that the defendant is liable to be restrained, from manufacturings production, marketing and selling goods, produced by him by infringing the patent; that by virtue of Section 48 of the Patent Act 1970 the plaintiff has the exclusire right to make the said film under the patent. The plaintiff also filed an appplication (I.A. 1319/76) for restraining the defendant from making, manufacturing and selling printed film disc and viewers covered by patent 125113 of 1970 till the decision of the suit,