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1999 Supreme(Del) 508

S.K.MAHAJAN
BRAWN LABORATORIES LIMITED – Appellant
Versus
FITTYDENT INTERNATIONAL GMBH – Respondent


Advocates Appeared:
A.D.Patra, SANGRAM PATNAIK, T.K.GANJU, V.K.Chaudhary

S. K. Mahajan, J.

( 1 ) ON 20. 5. 1994 the plaintiff entered into an agreement with defendant No. 1 whereby the plaintiff was granted the exclusive right to manufacture and market denture cleansing tablets and adhesive powder in India on the technical know-how, trade marks and trade names of the product being provided, to the plaintiff by defendant No. l. The agreement was subject to terms and conditions contained therein. According to clause 18. 5 the agreement was subject to requisite approval of Government of India and/or Reserve Bank of India as the case may be. Plaintiff is stated to have applied to the Secretariat for Industrial approvals of the Government of India for approval of the licence agreement vide its letter dated 25. 3. 1994. It is alleged in the plaint that in complete breach of the agreement defendant No. l failed to supply the technical know-how for manufacturing adhesive powder and denture cleansing tablets. The government also did not give requisite approval to the agreement. On 25. 4. 1996 the agreement was terminated by defendant No. l on grounds that the plaintiff did not commence commercial production nor did it use its best efforts to promote the sales an















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