JAGDALE INDUSTRIES LIMITED Vs. HALEWOOD LABORATORIES PVT LTD

JUDGEMENT

(1.) This original side appeal has been filed against the order of the learned single Judge of this Court, dated 13.12.2011, made in Application No. 4998 of 2011, in C.S.D. No. 30620 of 2011. The appellant in the present appeal was the plaintiff in the suit, in C.S.D. No. 30620 of 2011. The appellant had filed the suit, in C.S.D. No. 30620 of 2011, praying for a judgment and decree against the defendants therein, who are the respondents in the present original side appeal, for the grant of a permanent injunction restraining the defendants, their servants, agents and Others claiming through them from, in any manner, infringing the plaintiff's Patent under No. 247946, and for a direction, directing the defendants to render true accounts of the quantity of their products sold, including the quantity distributed, as free issue, bonus issue and samples, by infringing the plaintiffs Patent under No. 247946.

(2.) The plaintiff had also prayed that the defendants ought to be directed to pay to the plaintiff the damages caused to it and for the costs of the suit and for other reliefs, as may be deemed fit and proper in the circumstances of the case.

(3.) The appellant had also filed an application, in A. No. 4998 of 2011, praying for the grant of leave to enable the applicant/plaintiff to sue the respondents in the said application before this Court.