PUNJAB TRACTORS LIMITED Vs. INTERNATIONAL TRACTORS LTD

JUDGEMENT

(1.) APPLICATION of the defendants under Section 340 of the Cr. PC for proceeding against Mr. R. K. Manrao and Mr. G. S. Rihal of the plaintiff is for consideration.

(2.) THE plaintiff instituted this suit on the pleas:-

(3.) THE defendants contested the suit, inter-alia on the ground that the drawings Annexure A-1 to A-11 to the plaint in which the plaintiff claimed copyright were in fact the drawing authored by CMERI and with respect whereto the plaintiff had no right to maintain the action. Per contra, the contention of the plaintiff was that though it had initially commenced manufacture on the basis of the drawings in which CMERI had a right, the plaintiff had over the years made its own innovation, improvement, research and the drawings Annexure A-1 to A-11 were of the plaintiff and not of cmeri. The plaintiff as Annexures C-1 to C-8 to the replication filed the drawings which the plaintiff claimed were of the CMERI. According to plaintiff, drawings B-1 to B-10 were similar not to drawings C-1 to C-8 but to drawings a-1 to A-11.