SALZER ELECTRONICS LIMITED Vs. S.G. CONTROLS

JUDGEMENT

(1.) THE Appellant/Applicant/Plaintiff has preferred the instant Original Side Appeals as against the Common Order, dated 21.09.2012, in O.A.Nos.327 & 328 of 2011 in C.S.No.240 of 2011, passed by the Learned Single Judge, in dismissing the Applications.

(2.) THE Appellant/Applicant/Plaintiff has filed O.A.No.327 of 2011 in C.S.No.240 of 2011, seeking the relief of ad -interim, interim, temporary injunction restraining the Respondents by themselves, their partners, heirs, their legal representatives, successors -in -business, agents, stockists, distributors, assigns, representatives, or any one claiming under them from in any manner infringing the Applicant's registered patent under No.198122 in respect of ''INTEGRAL CAM OPERATED ROTARY SWITCH '' by manufacturing, marketing, selling, offering for sale or exporting Cam Operated Rotary Switches identical or similar to the plaintiff's integral cam operated rotary switches in any manner whatsoever, pending disposal of the suit. Similarly, the Appellant/Applicant/Plaintiff has filed O.A.No.328 of 2011 in C.S.No.240 of 2011 seeking the relief of ad -interim, interim, temporary injunction, restraining the Respondents by themselves, their partners, heirs, their legal representatives, successors -in -business, agents, stockists, distributors, assigns, representatives, or any one claiming under them from in any manner passing off cam operated rotary switches manufactured and sold by them as and for Applicant's INTEGRAL CAM OPERATED ROTARY SWITCHES by using identical/or deceptively similar product, same or similar trade dress, colour scheme, getup and layout or in any other manner whatsoever pending disposal of the suit.

(3.) THE Learned Senior Counsel for the Appellant submits that the impugned common order, in Application Nos.327 & 328 of 2011 in C.S.No.240 of 2011, dated 21.09.2012, had ignored several vital issues that are required for an effective adjudication of the issues. As such, the said order is bereft of reasoning and the same is liable to be set aside, in the eye of law.