LOW HEAT DRIERS P LTD Vs. BIJU GEORGE

JUDGEMENT

(1.) In this suit filed under Order VII, Rule 1 C.P.C. and Section 108 of the Patents Act, 1970, ("the Act" for short) the plaintiff seeks a decree for a permanent prohibitory injunction restraining defendants 1 and 2, their workers, agents and assignees from manufacturing or attempting to manufacture, selling or offering for sale any product covered by specifications of patent No. 176771 of 31-5-1990, during its validity and directing the defendants to pay a sum of Rs. 75,000 towards the loss incurred by the plaintiff with interest at the rate of 18 per cent per annum from the date of suit till realisation or in the alternative directing the defendants to furnish a full and true account of the money realised by sale of the driers manufactured and sold by infringing patent number 176771 of 31 -5-1990. THE PLAINT

(2.) The material plaint averments are as follows: The plaintiff is a company registered under the Companies Act, 1956 and incorporated in the year 1987. The plaintiff is represented by its Managing Director K.I. Kuriakose. The registered office of the company is at Kizhakkambalam Village in Ernakulam District. The plaintiff company is a small scale industrial unit and is promoted by agriculturists to carry on the business of manufacturing, producing and designing of drying equipments for agricultural produces. One Sri CP. Philipose, who is one of the promoters of the company is a rubber cultivator and is a postgraduate in Engineering. It was he who invented a new device for drying of agricultural produces. The new invention was further developed in consultation with another rubber cultivator who had been a design engineer to TELCO and a new smoke house was developed. The plaintiff developed the prototype of the new device at the instance of the inventor. The said prototype proved to be useful for drying ribbed rubber sheets and of immense use to the agriculturists. Some of the special features of the new invention are:

(3.) The suit was originally filed on 7-4-1999 in the District Court, Ernakulam as provided under Section 104 of the Act and was numbered as O.S. No. 21 of 1999.