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1999 Supreme(Bom) 427

S.S.NIJJAR
JAGDISH GANDHI – Appellant
Versus
SATISH B. VAIDYA – Respondent


Advocates appeared:
Sh. Mukesh Talsania, Adv. i/b Bhagawati's Counselling for the Plaintiffs.
Sh. Ravi Kadam, Advocate i/b Sunil & Co. for the Defendant Nos. 1 & 2.
Sh. H.W. Kane, Advocate for the Defendant No.3.

JUDGMENT

S. S. Nijjar, J. - The plaintiffs seek a declaration to the effect that plaintiffs No.1 is the inventor as well as owner of the formula submitted by defendant Nos. 1 and 2 to defendant Nos. 3 and 4 under Reference Code No. P.V. 150896 and the plaintiff No.1 alone shall be entitled to all the benefits arising out of the said formula and that defendant Nos. 1 and 2 have no right of whatsoever nature to make use of the formula or the formula which is a sham variation or modification thereof or derivation there from.

2. The plaintiff No.1 claims to be Researcher in ancient Indian Science including Indology, Archaeology, Numismatics, Ayurveda etc. He claims to have studied Ayurveda in depth on his own for about three decades. Plaintiff No.2 is a company registered under the Companies Act, 1956. Defendant No.1, according to the plaintiffs, made series of representations to the plaintiffs which misled the plaintiffs to enter into an agreement with defendant No.1 on 15th August 1996. The basic idea behind the agreement or Memorandum of agreement dated 15th August, 1996 between defendant No.2 and the plaintiff was to join hands for commercial exploitation of the formula allegedly d








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