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M S Action Construction Vs M S Gulati Industrial Fabric P On 13 April 2009
M S Action Construction Vs M S Gulati Industrial Fabric P On 13 April 2009
Versus
MANMOHAN SINGH, J.
151 CPC.
its tenders.
crore for the period ending 31st March, 2006. The net-worth
Plaintiff.
Tower crane.
tower crane.
the plaintiff over this period was crores of rupees. The said
ACE.
Tower Crane.
project that the said tower crane as their own product under
drawings.
practices.
22. The defendant has contested the suit and has also challenged
the interim order passed by this Court. The main contention of the
defendant is that the plaintiff has filed the suit with mala fide intentions
Cranes while the plaintiff knows that the defendants are not
tower crane from one Monitou of France to manufacture and market the
the market based on their own drawings and specifications, which are
contended by the defendants that the suit of the plaintiff is based on two
premises, firstly that the defendants are likely to infringe the plaintiffs
the plaintiff and secondly that the defendants have purchased a tower
crane of the plaintiff from one of the plaintiff‟s customers and are
have, nor intend to misuse or copy the alleged but not admitted,
purchased any tower crane of the plaintiff from any of its customers and
the tower crane present in the factory of the defendants was actually sent
repairs.
scared of losing market share once the more efficient and qualitatively
superior tower cranes of the defendants are introduced in the market, has
instituted the present suit to paralyze the business of the defendant and
further contended that the mobile tower cranes are an item of public
court to the replication filed by the plaintiff wherein the statement has
been made by the plaintiff that the suit of the plaintiff is not based on
copyright.
27. On the other hand, learned counsel for the plaintiff has
industrial designs, which were given to the defendants for the purpose
defendant has dismantled the tower crane purchased from one of the
crane purchased from the plaintiff and has not misused the industrial
drawings of the plaintiff. Learned counsel for the plaintiff has also
28. Learned counsel for the plaintiff has further argued that the
29. I have gone through the pleadings and the documents filed by
the parties. At the initial stage when the suit was taken up, this Court on
order is still continuing against the defendant. The main thrust of the
question as the plaintiff himself has copied the same from the third
party.
30. The defendants have filed the brochure of the third party in
order to prove the same. It is well established law that the copyright
this case, the defendants have not disputed the fact that for number of
years the defendants were doing job work for fabricating the
components for the plaintiff. It is also a matter of fact that the matter
has already gone for trial where the plaintiff has already produced the
examined at the time of trial. At this stage, since the evidence produced
appropriate that in case any defence of the defendants is valid, the same
Adebare & Ors., 130 (2006) DLT 330 this Court has gone far ahead
while making the survey of all the authorities on trade secret and has
interpreted the employer and employee relation which also includes the
lawyer and his associates. This Court has restrained the defendant
the present case) copied the drawings of the plaintiff and therefore the
restrained. While refusing the injunction, the court held that the
35. The interim order in the present case has been continuing for
the last more than two and a half years, it is not proper at this stage to
interfere with the said interim order in view of reasons given in para 30
36. List this matter before Joint Registrar for directions on cross-
MANMOHAN SINGH, J
APRIL 13, 2009
sa