Manmohan Singh, J.

1. By this order, I shall dispose of IA No.19079/2011 filed in the CS(OS) No.2982/2011 by the plaintiff under order XXXIX Rules 1 and 2 CPC and I.A. No.19081/2011 filed under Section 80(2) CPC.

2. The brief facts of the case are referred as under:

2.1 The plaintiff has filed a suit seeking declaration and consequential reliefs of injunction on the premise that the complaint preferred by the defendant no. 1 against the plaintiff before the defendant no. 2 on the basis of which, the defendant no. 2 is acting upon and interdicting the consignments which are being imported by the plaintiff without preferring an infringement action in accordance with Patents Act 1970 amounts to groundless threats and ought to be prevented by the court.

2.2 The plaintiff claims the following reliefs in the suit:

a) An order of declaration, declaring that the complaint filed by the Defendant no. 1 dated 29th September 2010 before Defendant No. 2 for an alleged infringement of Patent no. 189027 dated 21st September 1998 against the plaintiff constitutes groundless threat.

b) An order for declaration, declaring that the impugned order dated 16th November 2011 passed by Defendant