DHANPAT SETH Vs. NIL KAMAL PLASTIC CRATES

JUDGEMENT

(1.) THIS appeal is directed against the order passed by a learned single Judge of this Court in OMP no. 530 of 2005 in Civil Suit No. 69 of 2005 rejecting the prayer of the appellants-plaintiffs for grant of interim relief.

(2.) THE brief facts relevant for disposal of this appeal are that the appellants, hereinafter referred to as the plaintiffs, filed a suit seeking grant of permanent prohibitory injunction restraining the defendant from infringing Patent No. 195917 granted in favour of the plaintiffs on 11-7-2005. The patent has been granted in respect of a device used for manufacture of manually hauling the agricultural produce. According to the plaintiffs, the invention was visualized by them in 1999. They developed it over a period of time and applied for grant of patent on 24-5-2000. The patent was granted in their favour on 11-7-2005 but it will relate back to the date of application i. e. 24-5-2002. The invention of the plaintiffs as set out by them in the plaint is as follows :-

(3.) THE plaintiffs further alleged that the respondent-defendant, hereinafter referred to as the defendant, in fact, sold this device to the Department of Horticulture. Govt. of h. P. and other private parties. The plaintiffs consequently filed a suit praying for a decree for grant of permanent prohibitory injunction in their favour restraining the defendant from infringing the Patent No. 195917 and also for a decree of mandatory injunction virtually in the same terms. The plaintiffs also prayed that the defendant be directed to pay them Rs. 51 lacs.