RAJNIKANT DEVIDAS SHROFF Vs. PHARMA CHEM

JUDGEMENT

(1.) THE present Civil Application has been preferred by the applicants original plaintiffs seeking amendment of the claim in the Suit and permit the applicants to enhance its claim from Rs.1,00,00,000/ - (Rupees one Crore only) to Rs.10,64,00,000/ - (Rupees Ten Crores Sixty Four Lacs only).

(2.) IT is the case on behalf of the applicants - original plaintiffs that initially the applicants original plaintiffs had filed Civil Suit No.1 of 2005 before the learned District Court, Valsad seeking perpetual order of injunction restraining the opponents - original defendants from in any manner manufacturing and/or offering for sale the said product viz. Phosphorous Pentachloride, or applying the invention covered by the said Patent No.172459 for manufacture of Phosphorous Pentachloride. As the defendants have also tendered counter claim for revocation of aforesaid Patent No.172459, the suit has been transferred to this Court.

(3.) IT is the case on behalf of the applicants original plaintiffs that the Civil Suit in question has been filed claiming damages then estimated at Rs.1 Crore and in the alternative, the applicants had submitted that they are entitled to an order directing the defendants to render a true and faithful account of all the profits earned by the defendants by selling the said product and that the defendants be further ordered and decreed to pay to the applicants such amount as may be found due on such account being taken.