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2020 Supreme(Del) 1286

MUKTA GUPTA
Cde Asia Limited – Appellant
Versus
Jaideep Shekhar – Respondent


Advocates Appeared:
Abhishek Manu Singhvi, Advocate, Sudhir Chandra, Advocate, Chander M Lall, Advocate, Rajat Manchanda, Advocate, Sandeep Sethi, Advocate, Rajeev Virmani, Advocate, Mohit Bakshi, Advocate, B. Prashant, Advocate, Angad Baxi, Advocate, Niharika, Advocate

JUDGMENT

Mukta Gupta, J. - Ia 4830/2019 (filed by the defendant No. 2 under Order VII Rule 10 & 11 CPC)

    1. Plaintiff has filed the present suit, inter alia, praying for a decree of permanent injunction against the defendant, their directors, servants, agents, licensee, distributors, etc. restraining them from making, manufacturing, using, offering for sale, selling and/or importing the impugned product "FM 120 CONEXUS" or any other product which is covered by the subject patent No. 307249 in India causing infringement of the plaintiff''s patent No. 307249 in short IN "249, as also restraining the defendants from selling, making, offering for sale, importing "FM 120 CONEXUS" or any product having the similar design as the plaintiff''s registered design 262629 amounting to infringement of the plaintiff''s registered design or passing the products of the defendant''s as that of the plaintiff''s, rendition of accounts, damages, etc.

    2. Plaintiff is a company which was incorporated initially on 16th March 2000 as GM Trans Pak Private Limited subsequently changed to Torsa Metalmen Limited and thereafter to CDE Asia Limited around 2006. The plaintiff''s product range of wet processing equi

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