UNILIN BEHEER B V Vs. BALAJI ACTION BUILDWELL

JUDGEMENT

(1.) I A No.10200/2018 (of the defendant / Counter Claimant under Order VII Rules 3, 4 & 10 (c) of Delhi High Court (Original Side) Rules, 2018), IA No.13688/2017 (of the plaintiff under Section 151 CPC), IA No.5229/2019 (of the Plaintiff under Section 148 read with Section 151 CPC), IA No.5230/2019 (of the plaintiff under Section 151 CPC) & IA No.13689/2017 (u/O XI R-1,3&5 CPC).

(2.) The question for consideration is, whether failure of defendant to file an affidavit of admission and denial of documents filed by plaintiff along with written statement is to be treated as a situation as contemplated by Order VIII Rule 10 of the Code of Civil Procedure, 1908 (CPC) or merely results in the documents filed by the plaintiff being deemed to be admitted by the defendant and the written statement being otherwise considered.

(3.) The plaintiff has instituted this suit for permanent injunction restraining infringement of Patent No.193247 and for ancillary reliefs. No interim relief was granted to the plaintiff. The validity of the patent has lapsed since the institution of the suit. Thus, the relief claimed in this suit, insofar as of permanent injunction, does not survive and the suit is being pursued only for the relief of damages.