M. Jagannadha Rao, C. J.

( 1 ) THE point arising in the case is of considerable importance in regard to patents registered in India by foreigners and not kept in use in our country and thereby seriously affecting our market and economy. The foreigner in this case is seeking temporary injunction against other users and the question is whether the non-use of the patented mechanical device by the foreigner in India can be a ground for refusing temporary injunction?

( 2 ) THE appellant, Franz Xaver Huemer, is an Austrian citizen. He filed the Suit No. 468 of 1994 on 26. 2. 1994 seeking a permanent injunction restraining the respondebt from making, using, exercising, selling or distributing any items which infringe the 5 patents belonging to the plaintiff bearing Nos. 161520, 162589, 162369, 163591 and 163095 and for a mandatory injunction to hand-over to the plaintiff all goods, advertising material or items which infringe the above patents, and for accounts of the profits, The plaint is filed by the plaintiff s through his power ofattorney, Mr. Raj Kumarlohia. Pending the suit the plaintiff filed IA No. 2233/94 for temporary injunction on the same lines. The Court initially granted tem

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