JUDGMENT

Panckridge, J. - The circumstances in which this Rule has been issued upon the National Carbon Company, Incorporated, and upon the Controller of Patents are as follows:

The National Carbon Company, Incorporated, carry on business in New York, where they manufacture and export dry cell batteries for flashlights and electric torches. They are the grantees of Indian Patent No. 17148 of 1930. In the specification, which was accepted on 8th December 1930, the invention is described as relating "to dry cells and particularly to improved means of closing and sealing such cells." I shall hereafter refer to the National Carbon Company, Incorporated, as "the patentees.

2. The Bright Star Battery Company are incorporated in the United States of America, and they also manufacture and export dry cell batteries for flashlights. They offer their goods for sale in India through Messrs. Brough & Co., a firm carrying on business in Bombay. In December 1931, the patentees instituted a suit on the original side of this Court against Messrs. Brough & Co., alleging that the batteries manufactured by the Bright Star Company were an infringement of their patent and claiming an injunction and damage