RAJIV SAHAI ENDLAW, J.

1. Application of the defendants under Section 340 of the Cr.PC for proceeding against Mr. R.K. Manrao & Mr. G.S. Rihal of the plaintiff is for consideration.

2. The plaintiff instituted this suit on the pleas:- a. That it is engaged in the business of manufacture and sale of agricultural tractors etc.;

b. Tractors manufactured by plaintiff are based on technology and knowhow developed originally be Central Mechanical Engineering Research Institute (CMERI)

under the Council for Scientific & Industrial Research (CISR); c. In terms of the arrangement between CMERI and the Govt. of India, the patent design, copyright and all other intellectual property rights in the tractor developed by CMERI came to be vested in the National Research & Development Corporation of India (NRDCI); d. That NRDCI granted to Punjab State Industrial Development Corporation Ltd. (PSIDCL) licenses to use the aforesaid technology developed by CMERI including the patent rights which CMERI possesses with respect thereto and a license dated 31st July, 1972 was executed; e. That PSIDCL assigned its rights under the aforesaid license deed to the plaintiff and the plaintiff came t