SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2011 Supreme(Guj) 445

RAJESH H.SHUKLA
Arif Abdul Kader Fazlani – Appellant
Versus
Hitesh Raojibhai Patel and Co. – Respondent


Advocates Appeared:
Appeal From Order No. 230 of 2011 Mr. K. S. Nanavati, Sr. Advocate, Mr. Mihir H. Joshi, Sr. Advocate, With Mr. U. D. Shukla With Pranit K. Nanavati With Maulik R. Shah 5 For Nanavati Associates For Appellant: 1,
Mr. Kamal Trivedi, Advocate General, With Mr. H. S. Tolia, With 10 Mr. Tejas S. Trivedi For Respondents: 1 - 2.
Special Civil Application No. 7989 of 2011
Mr. Kamal Trivedi, Advocate General, With Mr. H. S. Tolia, With Mr. Tejas S. Trivedi For Petitioners: 1 - 2.
Mr. K. S. Nanavati, Sr. Advocate, Mr. Mihir H. Joshi, Sr. Advocate, With Mr. U. D. Shukla With Pranit K. Nanavati With Maulik R. For Nanavati Associates Respondent: 1

JUDGMENT

MR. RAJESH H. SHUKLA, J. :-

1. The present Appeal from Order has been filed by the appellant-original plaintiff with the aforesaid Civil, Application for the prayer that the impugned order dated 10.6.2011 passed by the learned Principal Judge, Anand, below Exh. 5 in Civil Suit No. 3 of 2011, may be quashed and set aside I particularly with reference to the findings with regard to the patent of the appellant-plaintiff stating that the appellant's rights of patentee were not infringed; the process of making bales by the respondents is not the same as the appellant's patented process, and the appellant had no prima facie case, on the grounds set out in the Memo of this Appeal, interalia, that the learned Judge has erred in not taking into consideration the fact that by virtue of the grant of patent which is registered, the appellant is entitled to exclusive right to prevent third parties from using such process which has been a registered patent by the appellant. Further, it is contended that the fact that the patent is registered after proper scrutiny, prima facie suggests that it is registered after proper inquiry. It is also contended that the learned Judge has erred in not































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top