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2015 Supreme(Bom) 1865

G.S.PATEL
CTR Manufacturing Industries Limited – Appellant
Versus
Sergi Transformer Explosion Prevention Technologies Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff:Mr. Navroz Seervai, Senior Advocate with Mr. H.W. Kane, Ms. Gulnar
Mistry, Mr. Atul Singh, Mr. Amit Jajoo, Ms. Anaisha Zecharia, i/b M/s. PKA Associates.
For the Defendant:Mr. I.M. Chagla, Senior Advocate with Mr. Pradeep Sancheti, Senior
Advocate, Mr. Pravin Anand, Mr. Vivek A. Vashi, Mr. Aditya Gupta, Mr. Jehangir Jeejeebhoy, Mr. Aditya Sikka, Mr. Krishnendu Satya, Ms. S. Madraswala, i/b M/s. Bharucha and Partners.

JUDGMENT

G.S. PATEL, J.

INTRODUCTION

1. By any measure, this litigation has had a particularly tortuous history: an ad-interim order, an interim order, three contempt applications, this Notice of Motion itself, innumerable appellate proceedings. In 2014, the contempt applications came before me. These were heard at some length and then, for reasons that do not now matter, parties agreed to go to hearing of the present Notice of Motion.

2. This is an action in patent infringement. The Plaintiff (“CTR”) says it has an Indian Patent No. 202302 granted on 3rd August 2006 with a priority date of 16th November 2005 for an explosion and fire detection technology for use in electrical transformers. The patent is described as “A system and method for preventing and/or detecting explosion and/or fire of Electrical Transformers”. The 1st Defendant (Sergi) is the only contestant and in this judgment, I use the word ‘Defendant’ to mean only the 1st Defendant. The 2nd Defendant is Sergi’s distributor and agent and the 3rd Defendant, a manufacturer of electrical transformers, is a purchaser of

























































































































































































































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