A.K. PATHAK, J.

1. Plaintiffs have filed this suit against the defendant for permanent injunction praying therein that defendants, its directors, employees, officers etc. be restrained from making, using, selling, distributing, advertising, exporting, offering for sale or dealing in Sitagliptin Phosphate Monohydrate or any other salt of Sitagliptin in any form, alone or in combination with one or more other drugs or from doing any other thing that infringes the claimed subject matter of the plaintiffs‘ Indian Patent No. 209816. Damages, rendition of accounts and delivery up of the infringing materials has also been prayed.

2. Briefly stated, plaintiffs have alleged in the plaint that plaintiff no. 1 was formally known as Merck & Company, Inc. Plaintiff no. 1 has been incorporated under the laws of New Jersey, USA, having its principal place of business at Whitehouse Station, USA. Plaint has been signed and verified by its constituted Attorney-Mr. K.G. Ananthakrishnan. Plaintiff no.2 is a licensee of plaintiff no.1 for marketing, distributing and selling Sitagliptin as also S