2006 Supreme(Guj) 391
R.S.GARG
GARWARE-WALL ROPES LTD. – Appellant
Versus
ANANT KANOI – Respondent
Advocates Appeared: K.S.NANAVATI, KAMAL TRIVEDI, Nanavati, SAURABH AMIN, Y.J.TRIVEDI
( 1 ) THE applicants, original plaintiffs, M/s. Garware-Wall Ropes Limited, filed Regular Civil Suit No. 2 of 2005 in the Court of the Principal District Judge, Surat, praying, inter alia, that a declaration be granted in favour of the plaintiffs that they are registered owners of the patent; defendant No. 1, M/s. Techfab India, either through its servants, employees, agents, officer, etc. , are not entitled to manufacture, sell, use and offer for sale the `gabion made from synthetic ropes, and also prayed that the defendants are not entitled to do any act, which may infringe the plaintiffs Patented SRG Invention under Patent No. 195352. They have also prayed to the Court that the defendants be restrained by a permanent injunction from manufacturing, selling and/or offering the product known as `gabion , as detailed in Annexure-B. The plaintiffs have also prayed for a sum of Rs. 5 Lakhs as damages with a further prayer for rendition of accounts of profit earned by the defendants by copying the plaintiffs patent and selling the same in the market. In the suit, an application under Exh. 5 was made seeking temporary injunction against defendant No. 1 that they be injuncted from manufa
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