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