DHANPAT SETH Vs. NIL KAMAL PLASTIC CRATES LTD

JUDGEMENT

(1.) The present petition, under Order 39 Rules 1 & 2 read with Section 94 (e) and 151 of the Code of Civil Procedure, for grant of temporary injunction, has been moved by the plaintiffs in Civil Suit No. 69 of 2005.

(2.) Facts, relevant for the disposal of this petition, may be noticed. The plaintiff/petitioners have filed a suit seeking grant of permanent prohibitory injunction restraining the defendant/respondent from infringing Patent No. 195917, in respect of a device of manually hauling of agriculture produce, granted in their favour on 11/7/2005. It is alleged that the invention was conceptualized visualized by the plaintiff/petitioners in the year 1999. The application for grant of patent was moved on 24.5.2002 and the patent, after making all the necessary inquiries and observance of the procedure, prescribed under the Patents Act and the rules framed thereunder, was granted on 11.7.2005. The patented device is an improvement over a local product known as 'Kilta' made of bamboos. The plaintiffs' device or product or invention, per plaint, has the following description/specification:-

(3.) According to the plaintiffs/petitioners, in the year 2005 the defendant/respondent infringed the patent by producing similar device/item and supplied it to the Department of Horticulture, Government of Himachal Pradesh and some private parties. The plaintiffs/petitioners have sued the defendant/respondent for damages as also for issuance of mandatory injunction, directing it not to infringe the patent and for seizure, forfeiture and distribution, without payment of any compensation of the duplicate of the patented device, supplied by the defendant to the Horticulture Department and some private persons. Through the present petition temporary injunction is sought restraining the defendant/respondent from manufacturing or selling the duplicate version of the invented device of the plaintiffs or from committing any act which may infringe the patent granted to the plaintiffs.