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2007 Supreme(HP) 379

DEEPAK GUPTA, V.K.AHUJA
DHANPAT SETH – Appellant
Versus
NIL KAMAL PLASTIC CRATES LTD. – Respondent


Advocates Appeared:
Mr. Vinay Knthiala and Ms. Vandana Kuthiala, Advocates, for the Appellant(s); Mr. Bipan Chander Negi, Advocate, for the Respondent(s).

JUDGMENT

Deepak Gupta, J.—This appeal is directed against the order passed by a learned Single Judge of this Court in OMP No. 530 of 2005 in Civil I Suit No. 69 of 2005 rejecting the prayer of the appellants-plaintiffs for I grant of interim relief.

2. The brief facts relevant for disposal of this appeal are that the appellants, hereinafter referred to as the plaintiffs, filed a suit seeking grant of permanent prohibitory injunction restraining the defendant from infringing patent No. 195917 granted in favour of the plaintiffs on 11.7.2005. The patent has been granted in respect of a device used for manufacture of manually hauling the agricultural produce. According to the plaintiffs, the invention was visualized by them in 1999. They developed it over a period of time and applied for grant of patent on 24.5.2000. The patent was granted in their favour on 11.7.2005 but it will relate back to the date of application i.e. 24.5.2002. The invention of the plaintiffs as set out by them in the plaint is as follows:— "A device for hauling agriculture produce comprising a contained of synthetic polymeric material defined by a hollow frusta-conical body open at he top and closed at the based

























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