Soumen Sen, J.

1. This is an application by DYS Impex Private Limited for leave to intervene and for recalling of the order dated 17th June, 2015 passed in G.A. 3378 of 2014. The applicant is defendant no.2.

2. In a suit for infringement of patent an order of injunction was passed on 17th June, 2015 in relation to the patent of the plaintiff.

3. The applicant claims to be a manufacturer of battery operated electric cycle rickshaws, cargo vehicles and their spares which are sold under the word mark “Basantee” and device “Basantee Eco Drive”.

4. The grounds for recalling of the order are primarily on the grounds mentioned in Section 64 of the Patents Act. The said Section enumerates grounds by which a patent can be revoked. The grounds for revocation in the instant matter are :

(a) The patent of the plaintiff is based on a prior published document. The plaintiffs have obtained the patent by copying and pasting materials from various prior published documents. The patent comprises features that were available in public domain prior to 2nd May, 2005, being the date of the patent.

(b) The invention claimed in claims 1 to 5 was publicly known or publicly used in India before 2nd May,