JUDGMENT

ORDER

Mohammad Rafiq, J. - Under challenge is the order dated 1-9-2017 passed by the trial court dismissing the petitioner-defendant''s (hereafter ''the defendant'') application under Order 7, Rule 11 CPC read with 151 CPC in the respondent-plaintiff''s (hereafter ''the plaintiff'') suit for permanent injunction, damages, delivery up, rendition of accounts for infringement of its patent under the Patent Act, 1970 (hereafter the Act of 1970'').

2. The plaintiff in its suit claimed to be one of the largest companies in the world inter alia for manufacturing and grinding elements used in reducing wear costs and optimized mill operations leading to reduction in power costs and improving throughput. It alleged infringement of its Indian Patent No. 248740 (IN740) (hereafter suit patent) valid and subsisting inter alia by the defendant. It was submitted that during May, 2016 the plaintiff obtained a product sample of the defendant from the scrap market believed to be infringing the suit patent. The sample product was tested and analyzed at an independent expert laboratory i.e. Metallergy and Material Engineering Division of M.S. University of Baroda on May 9, 2016. The Laboratory'