DIETRICH ENGINEERING CONSULTANT HOLDINGS Vs. SCHIST INDIA

JUDGEMENT

(1.) Considering the bulk of the pleadings, papers and documents produced, the number of Authorities cited and the oral arguments made for days together with Written Notes that this lengthy judgment is delivered at this Interlocutory stage. Suffice it to observe that the findings and conclusions are tentative and prima facie and shall not influence the Court while delivering the final Judgment. This is a Notice of Motion by the plaintiffs for interim reliefs in a suit which is filed for permanent injunction.

(2.) The prayers in the suit in so far as relevant for the present purpose reads as under :-

(3.) It is the case of the plaintiffs that the 1st plaintiff is a Company incorporated under the Companies Act and registered under the laws of Switzerland. The 2nd plaintiff is a Company incorporated under the provisions of Companies Act, 1956 having its registered office at the address mentioned in the title. The plaintiffs are, inter alia, engaged in the business of development, manufacturing and marketing of POWDER HANDLING EQUIPMENTS AND SYSTEM . It is their case that the unique technology developed by 1st plaintiff offered an almost unlimited number of possible applications. The applications range from conveying raw materials, introducing intermediate products during various phases of production process, handling the final product etc. The machine manufactured in India by the 2nd plaintiff by using the know how and confidential information of 1st plaintiffs, is used in several pharmaceutical and chemical companies by India and Overseas. The technology of the 1st plaintiff offers significant benefits in the prevention of explosions and guarantees Hygiene and complete containment of the product whenever necessary. It is the case of the plaintiffs that the 1st plaintiff has only authorized and allowed the use of know how / confidential information to the 2nd plaintiff in India and no one else.