Manmohan Singh, J.

1. By this order I propose to decide the two applications, under Order XXXIX Rule 1 & 2 filed by the plaintiff and under Order XXXIX Rule 4 CPC filed by the defendants.

2. The present suit has been filed by the plaintiffs against the defendants for permanent injunction restraining defendants from infringing the registered patent No.211175 granted by the patent office on 17th October, 2007 registered in respect of “Flat Folded Personal Respiratory Device and process for preparing the same” in favour of plaintiff No.1(hereinafter referred to as the “suit patent”). The patent is valid in India for 20 years from the date of application made by the plaintiff No.1 on 26th May, 1999.

3. Plaintiff No. 1 is a company incorporated in the USA. Plaintiff No.2 is the Indian subsidiary of plaintiff no.1 having its office at Bangalore. Defendant No.1 is an Indian company having its office at Navi Mumbai who is manufacturer of respiratory protection devices including particulate filtering masks, half masks, full face masks etc. Defendant No.2 is a distributor of the products manufactured/offered for sale by defendant No.1, having its office at New Delhi.

4. Alongwith