ELECTRONIC MACHINE TOOLS LIMITED Vs. POWER ENGINEERS

JUDGEMENT

(1.) The Appeal Suit (First Appeal) is filed against the fair and decretal order dated 9.7.2008 in I.A. No. 710 of 2007 in O.S. No. 60 of 2007 on the file of the Principal District Court, Tiruvallur.

(2.) The Appellant/Plaintiff/Electronic Machine Tools Limited, filed suit in O.S. No. 60 of 2007 for a permanent injunction restraining the first Respondent/D1 by itself, its servants, agents, distributors, stockiest, dealers or any one claiming through it from in any manner infringing the Plaintiff's registered Patent Nos. 188585 and 190675 and to direct the first Defendant-Power Engineers, to render a true and faithful account of the profits earned by it through the sale of the products sold under the infringed Patent Nos. 188585 and 190675 and to direct payment of such profits to the Plaintiff for the infringement committed by the first Defendant and for costs.

(3.) The Appellant/Plaintiff obtained an interim order of appointment of Commissioner and for seizure of the product. After receipt of the summons, D1 filed a petition under Order 7 Rule 11 CPC, read with Section 48 and 104 read with Section 108 of the Patents Act, for rejection of the plaint.