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2010 Supreme(Bom) 1628

D.Y.CHANDRACHUD, ANOOP V.MOHTA
Kanade Anand Udyog Pvt. Ltd. – Appellant
Versus
Indiana Gratings Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :V.R. Dhond with N.C. Parekh and Ms. Bhavna Sinde i/b. Mansukhlal Hiralal & Co., Advocates.
For the Respondents:R1 & 2, Dr. Virendra Tulzapurkar, Senior Advocate with Shriraj Dhruv, and Ms.RanjuYadav i/b. Dhru & Co. Advocates.

JUDGMENT

DR.D.Y.CHANDRACHUD, J

The appeal arises out of an order of a Learned Single Judge by which a motion for interim relief in a suit based on infringement of copyright was made absolute. Parties will be referred to by their appellations in the Plaint.

2. The action by the Plaintiff is founded on an alleged infringement of its copyright in artistic work. The artistic work in the present case consists of Industrial Drawings. The Plaintiff sought protection in respect of 126 drawings which have been referred to in Exhibit ‘G’ to the Plaint.

3. The First Defendant is a Limited Company controlled by the Kanade family. The Second Defendant is a partnership firm of which Defendant Nos.8, 10 and 11 are partners. Defendant Nos.4 to 7 are former employees of the Plaintiff. Defendant Nos.13 to 23 are fabricators, who had, in the past, made parts for the Plaintiff which were used for manufacturing electroforged grating machines. The case of the Plaintiff is that Defendant Nos.4 to7 resigned from the service of the Plaintiff. Of them, Defendant Nos.5 to 7 joined service with the First Defendant. On a police complaint being lodged, in the course of the investigation, the drawings of the Pla










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