CHEMTURA CORPORATION Vs. UNION OF INDIA

JUDGEMENT

(1.) IA No. 6782/2009(under Order 39 Rules 1 and 2 CPC) and IA No.8372/2009 (under Order 39 Rule 4 CPC) IA No.6782/2009 is an application by the Plaintiff under Order 39 Rules 1 and 2 CPC seeking an ad-interim ex parte injunction restraining the Defendant No.1 from infringing the rights of the Plaintiff under No.213608 (granted on January 9, 2008 by the Controller of Patents) by accepting the offer for sale of a side bearing pad assembly by the Consortium of which Defendants 2 to 4 are members. It also seeks an injunction to restrain Defendants 2 to 4 from making, manufacturing, using or offering for sale the side bearing pad assembly by infringing the Plaintiffs Patent. By an order dated 27th May 2009 this Court restrained Defendants 2, 3 and 4 and erstwhile Defendant No.3 till the next date of hearing from infringing the patent rights of the Plaintiff and further restrained them from manufacturing, using or offering for sale any device in infringement of the patent of the Plaintiff. IA No. 8372/2009 was filed thereafter by Defendants 2, 3 and 4 under Order 39 Rule 4 CPC seeking the vacation of the said stay order. It may be mentioned that after deletion of erstwhile Defendant No.3 from the array of parties, in the circumstances noticed hereafter, the erstwhile Defendants 4 and 5 have been renumbered as Defendants 3 and 4. Background

(2.) THE aforementioned suit has been filed seeking permanent injunction in the above terms and also for rendition of accounts by the Defendants and for payment by the Defendants of Rs. 1 crore as liquidated damages to the Plaintiff. The suit also prays for a direction that the entire stock of the impugned product in the custody or possession of the Defendants should be forthwith seized and delivered up to the Plaintiff for destruction.

(3.) THE Plaintiff has sought to explain the significance and use of the invention in respect of which a patent has been granted to it as under: