PHARMA CHEM Vs. RAJNIKANT DEVIDAS SHROFF

JUDGEMENT

(1.) HEARD the learned advocates.

(2.) THIS Appeal, preferred under Clause 15 of the Letters Patent, arises from the judgment and order dated 1st January, 2009 passed by the learned Single Judge below Application Exh. 5 in above Civil Suit no. 1 of 2005.

(3.) THE appellant, a partnership firm [hereinafter referred to as, the Firm] and its partners, are engaged in manufacture of chemical known as Phosphorus Pentachloride. The Firm has its manufactory situated at Sarigaon, District-Valsad. The respondents are the Chairman and Managing Director of United Phosphorus Limited and the United phosphorus Limited, a public limited company [hereinafter referred to as, the Company]. The Company also manufactures the chemical phosphorus Pentachloride. The Company is the owner of the Patent No. 172459 issued on 15th May, 1991 in respect of process and the apparatus used for manufacture of the above referred Phosphorus Pentachloride, the Company has instituted Civil Suit No. 5 of 2003 against the Firm in the Court of learned District Judge, Valsad for perpetual injunction restraining the defendants from infringing the aforesaid patent owned by the Company. The suit was contested by the Firm. The Firm also challenged the validity of the patent and lodged counter-claim for revocation of the patent. In view of the counter-claim, the suit has been transferred to the High Court and numbered as Civil Suit No. 1 of 2005. Pending the suit, the Company took out Application Exh. 5 for interim relief. The said application has been allowed by the learned Single Judge. The learned Single Judge was pleased to restrain the Firm from infringing the patent of the Company bearing number 172459 in any manner, either by manufacturing or offering for sale Phosphorus Pentachloride manufactured by applying the invention covered by the aforesaid patent no. 172459. The Firm is also directed to file the statement of accounts, right from the beginning till the date, in connection with manufacture of Phosphorus Pentachloride and profits derived therefrom. Therefore, the present Appeal.