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1995 Supreme(Del) 748

DEVENDER GUPTA
LINTECH ELECTRONICS PRIVATE LIMITED – Appellant
Versus
MARVEL ENGG. COMPANY – Respondent


Advocates Appeared:
MUKUL ROHTAGI, Vikram Dholakia, Vikramjit Sen

Devinder Gupta, J.

( 1 ) ON 26th May, 1995 while issuing summons to the defendants, the plaintiffs application for an order of injunction was considered. Defendants were restrained by an ex parte order from interfering, selling or offering for sale to any party in India, Steam Leak Detection Equipment, which might be similar in technical specifications to the plaintiff s Acoustic Steam Leak Detection System registered under Indian Patent No. 162647. Defendant has now applied for vacation of the order of injunction. I heard learned counsel for the parties at length, after notice of application under Order 39 Rule 4 of the Code of Civil Procedure had been given to the plaintiffs.

( 2 ). Plaintiffs case is that plaintiff No. 1 company is engaged in the manufacture, marketing and installation of highly sophisticated automatic steam leak detection equipment and is also the exclusive licensee of Indian Patent No. 162647 dated 12th February, 1985, which is equivalent to European Patent No. 0108556, owned by plaintiff No. 2. Indian Patent is stated to be owned by plaintiff No. 2 company of which plaintiff No. 1 are the exclusive licensee in India and it is plaintiff No. 1 who has applied











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