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1964 Supreme(Mad) 462

K.S.RAMAMURTI
V. Manicka Thevar – Appellant
Versus
Messrs. Star Plough Works, Melur, by its one of the partners, A. Ramaswamy – Respondent


Advocates:
V.K. Thiruvenkatachari for A. Shanmughavel and Jayalahshmi Shanmugavel, for Appellant.
V. Rajagopalachari for S. Gopalaratnam and P.N. Venugopal, for Respondent.

Order:-

The brief facts of the case are as follows. The appellant filed the suit O.S. No. 3 of 1963 on the file of the District Judge, Madurai under section 29 of the Patents and Designs Act against the respondent for a permanent injunction restraining the respondent from manufacturing and selling certain pattern of ploughs on the ground that the respondent’s conduct was an infringement of the plaintiff’s patent. The plaintiff obtained an interim injunction in I.A. No. 181 of 1964 but on an application filed by the defendant-respondent in I.A. No. 182 of 1964 the interim injunction was vacated, The plaintiff has preferred the above appeals complaining that the learned District judge should have granted the interim injunction pending disposal of the suit.

The plaintiff is a manufacturer and dealer engaged in the sale of the plough and plough shares known as “Bose Ploughs” or plough shares and the plaintiff’s case is that in the course of his business he has been experimenting and inventing new patterns of ploughs as a result of his inventive genius and prolonged research and that he obtained a patent on 12th October, 1960, in respect of a particular pattern of plough, having a specia








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