The judgment was reserved on 12.2.2008. By a precipe dated 29.3.2008 the Defendants sought to tender an additional affidavit to bring on record further documents and to raise a new defence. This application was heard by me on 3.6.2008. I have rejected the application for reasons furnished later in this judgment.

2. The Plaintiff has sought an injunction restraining the Defendants from making of, using, selling or distributing tamper proof locks/seals that fall within the scope of the claims of the Plaintiff's patent bearing No.162675 and patent of addition No.178879 so as to infringe the same and for delivery of for destruction any material infringing the said patents. The Plaintiff has also sought damages. Defendant No.2 carries on business as the sole proprietor in the firm name and style of Defendant No.1. Defendant No.3 is the former employee of the Plaintiff who has joined Defendant No.1/2 to assist him in carrying on his business. According to the Plaintiff, Defendant No.3 has conspired with Defendant No.1 in the manufacture and sale of the said locks and seals constituting an infringement of the Plaintiff's patents.

3. Mr.Tulzapurkar, the learned Senior Counsel appearing on behalf of the Defendants did not challenge the validity of the Plaintiff's patents. It is unnecessary therefore to deal with the facts leading to the registration of the Plaintiff's patent including those relating to the Plaintiff's efforts in inventing the seals and locks and the importance thereof to the trade.

4. On 6.5.1991 the Plaintiff, to protect his invention, filed an application for grant of patent for an invention titled “An improved tamper proof seal for directly locking the container”. The application was allowed and the patent was sealed and issued by the Controller General of Patents on 29.7.1994. The Plaintiff has been issued a Certificate of Registration with respect to the said patent bearing No.172675. The patent is valid till 6.5.2011.

5. In respect of the above patent, the Plaintiff has the following claims :“

1. An improved tamper proof seal, for directly locking the container having a lock ring, comprising of a metal strip bent near the middle portion into a substantially `V' form, each of the two side arms being provided with atleast one outwardly directed inclined vane and an inwardly directed top, flap at the free end, one of the said top flap being small and other top flap being large for completely covering the slit of the lock ring from the outer side, the said side arm having small top flap being provided with a pair of side flaps below the said vane/s and the said side arm having large top flap being provided with depression below the said top flap.

2. An improved tamper proof seal as claimed n Claim 1 wherein one of the said side arm being embossed with serial number of the seal.

3. An improved tamper proof seal as claimed in Claim 1 or 2 wherein the said top flap being embossed with a logo or emblem of the user of the said deal.”

6. The Plaintiff claims to have continued his research and improved the said invention and in respect thereof applied for a grant of patent of addition which was granted under Patent No.178879 titled as “An improved tamper proof seal for directly locking the container having a lock ring”. The patent of addition was sealed on 12.3.1988 and a Certificate of Registration has been issued. In respect of the patent of addition, the Plaintiff has made the following claim :

1. An improved tamper proof seal, for directly locking the container, having a lock ring, wherein the improvement in or the modification my main invention disclosed in Patent Application 126/ BOM/91 dated 6th May, 91, comprises in providing one or more additional outwardly directed inclined vanes/s in one of the said side arms, of the said seal, in another row at a predetermined desired space vertically below the said outwardly directed inclined vanes, originally provided in both the side arms of the seal.

2. An improve