A.L.DAVE
RAJEEV INDRAVADAN MODI – Appellant
Versus
INSTANCE LABORATORIES PRIVATE LIMITED – Respondent
( 1 ) THIS is a revision application preferred by the revisioners, who are the original plaintiffs in Civil Suit No. 11 of 2000 pending in District court, at Vadodara. That suit is preferred by the plaintiffs alleging infringement of Registered Patent No. 183097 dated March 19, 1998, possessed by the plaintiffs by the defendants. In that suit, application for interim injunction was tendered and the learned Assistant Judge, Vadodara, granted ad-interim injunction in favour of the plaintiffs against the defendants. The defendants, in reply to the said application, filed an affidavit-in-reply, at Ex. 24, to resist that application and to get the ad-interim order vacated. In that reply, certain contentions were raised which, according to the plaintiffs, amounted to praying for revocation of the patent. According to the plaintiffs, it was a counter-claim for revocation, and therefore, by virtue of proviso to Sec. 104 of the Patents Act read with Sec. 64 of the said Act, the suit was required to be transferred to the High Court by the Court below. The plaintiffs, therefore, tendered application Ex. 47 seeking the relief of transfer of the suit. The said application was stro
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