ARIHANT EVERGREEN AGRO PLAST AND TEXTILES PRIVATE LIMITED Vs. EPC INDUSTRIES LIMITED A COMPANY INCORPORATED

JUDGEMENT

(1.) By this special appeal, a challenge has been made to the order dated 08.03.2018 passed by learned Single Judge on an application preferred by the plaintiff- respondent under Order VII Rule 14 CPC.

(2.) It is a case where respondent- plaintiff preferred a civil suit under Section 104/106/108 of the Patent Act, 1970 to seek damages and permanent injunction against the appellantsdefendants. The appellants herein submitted counter claim under Section 64(1) of the Act of 1970. The matter was transferred to the High Court in view of Section 104 of the Act of 1970. The said provision provides that whenever a counter claim is made by the defendant, suit along with counter claim shall be transferred to the High Court for its adjudication.

(3.) In view of the aforesaid, the suit was transferred to this Court. It was registered as S.B. Civil Misc. Petition No. 1/2006. The original suit was otherwise preferred in the year 2004.