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1997 Supreme(Guj) 84

K.R.VYAS
Sandhya Organic Chemicals P. Ltd. – Appellant
Versus
UNITED PHOSPHORUS Limited – Respondent


Advocates Appeared: ARUN H.MEHTA, K.K.NAYAR, K.R.NAYAR, S.B.VAKIL

K. R. VYAS, J.

( 1 ) ). Admit.

( 2 ) WITH the consent of the learned Advocates, these appeals were taken up for final hearing.

( 3 ) THE appellants in both these appeals are original defendants Nos. 1 and 2 and No. 3, respectively. (herinafter referred to as "the defendants Nos. 1. 2 and 3") and the respondent No. 1 in both these appeals is the original plaintiff (hereinafter referred to as "the plaintiff")in Civil Suit No. 161 of 1996 pending on the file of the Court of the learned Civil Judge (S. D. ). Valsad.

( 4 ) IN the suit, the plaintiffs has claimed that it has invented a new process for manufacturing Aluminium Phosphide ("aip" for short) and Zinc Phosphide ("znp" for short) by substituting white/ yellow phosphorous for red phosphorous by conducting trial, experiment and research for a long period and is therefore, entitled to a declaration that the plaintiff is exclusively entitled to the right title to and interest in the new process invented by it and also for a permanent injunction against the defendants restraining them from adopting, using and resorting to, in any manner whatsoever, form a new process as invented by the plaintiff for the manufacture of AIP and Znp by u

























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