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2009 Supreme(J&K) 114

NIRMAL SINGH
Escorts Construction Equipment Ltd. – Appellant
Versus
Gautam Engineering Co. – Respondent


Advocates Appeared:
Advocate For Appellant: S. Bansal
Advocate For Appellant: C.M. Koul
Advocate For Appellant: Keshav Thakur
Advocate For Respondent: Sunil Sethi
Advocate For Respondent: Pranav Kohli

1. This is a petition under Section 24 of the Civil Procedure Code, seeking a direction for withdrawal of the suit titled "M/s Escorts Construction Equipment Ltd v. M/s Gautam Engineering Company and anr", from the court of 1st Additional District Judge, Jammu, and transferring the same to this Court.

2. Petitioner filed a civil suit above titled before the court of learned Principal District Judge, Jammu, for permanent prohibitory injunction restraining the respondent-defendants from manufacturing and marketing the cranes and any other product amounting to petitioners Patent No. 227332. Injunction was also sought restraining the respondents from manufacturing and marketing the Cranes or any other product amounting to passing of and infringement of petitioners Design No. 194428. Direction was also sought to respondents for delivery of all the impugned designs and products including all broachers, literature, stationery, boards, hoardings, banners etc to the petitioner for destruction of the same and for rendition of accounts of respondents for ascertaining the profits alleged to have illegally earned by the respondents and also for money decree of such profits. Along with the suit,
















































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