M.S.A.SIDDIQUI
ESCORTS CONSTRUCTION EQUIPMENT LIMITED – Appellant
Versus
ACTION CONSTRUCTION EQUIPMENT PRIVATE LIMITED – Respondent
( 1 ) THE plaintiffs have filed this suit for permanent injunction restraining infringement of copyright of industrial drawings and passing off, damages and for rendition of accounts. Alongwith the plaint, the plaintiffs have also filed an application under Order 39, Rules 1 and 2, Civil Procedure Code seeking an ad interim injunction to restrain the defendants from manufacturing, marketing or otherwise dealing in Pick-N-Carry Hydraulic Self Mobile Cranes, identical or deceptively similar to those of the plaintiffs.
( 2 ) ACCORDING to the plaintiffs, in 1971, the plaintiff No. 2 Company, based on 100% know-how, launched its concept and drawings of Pick-N-Carry Hydraulic Self Mobile Cranes and the plaintiffs have been manufacturing and marketing the said cranes since then. The drawings of the crane developed by the plaintiffs were reduced to writing. The employees involved in the making of these industrial drawings and production of the crane were under a contract of secrecy, which strictly prohibited them from giving out by word of mouth or otherwise, particulars or details of manufacturing process, specifications and technical know-how. These industrial drawing?,
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