SALZER ELECTRONICS LTD Vs. SG CONTROLS AND SWITCHGEAR

JUDGEMENT

(1.) Both applications were filed by the applicant/plaintiff, seeking for an interim injunction with reference to an infringement of the applicant's registered patent bearing No. 198122 in respect of Integral Cam Operated Rotary Switch by manufacture and sale of products identical to the applicant's products and also seeking for an interim injunction restraining the respondents from in any manner passing off Cam Operated Rotary Switches manufactured and sold by them by using identical or deceptively similar product, same or similar trade dress, colour scheme, get-up and layout. Pending notices on the Original Applications, no ex parte order of injunction was granted. A counter affidavit, dated 09.04.2011 has been filed in both original applications. The applicant has filed a reply affidavit, dated 25.04.2011.

(2.) The applicant/plaintiff had filed a suit for the grant of similar relief of permanent in nature. On suit notice being served, the first defendant/first respondent had filed a written statement, dated 18.04.2011 and also made a counter claim declaring that the patent granted under No. 198122 is liable to be revoked under Section 64 of the Patent Act, 1970 and also for revoking the patent granted in favour of the plaintiff.

(3.) Heard the arguments of Mr. A.A. Mohan, learned counsel for the applicants and Mr. A. Prabhakara Reddy, learned counsel appearing for the respondents.