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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 05^th February, 2024 Pronounced on : 05^th March, 2024 + CS(COMM) 431/2023 SNPC MACHINES PRIVATE LIMITED & ORS. ..... Plaintiffs Through: Mr. Anirudh Bakhru, Mr. Naqeeb Nawab, Ms. Apurva Bhutani, Ms. Vanshika Bansal, Mr. Yashwardhan Singh, Ms. Neeharika Chauhan, Ms. Setal Tayal, Ms. Vijay Laxmi and Ms.

Pragya, Advs.

versus MR VISHAL CHOUDHARY ..... Defendant Through: Mr. Adarsh Ramanujan and Mr.

P.D.V. Srikar, Advs.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% I.A. 11490/2023 (under Order XXXIX Rules 1 & 2, CPC

1. This application under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (“CPC”) has been filed by plaintiffs as part of the suit seeking permanent injunction restraining defendant and other persons through him from using, making, manufacturing, offering for sale or selling or importing the impugned brick making machines which are protected under the plaintiffs’ patent nos. 353483 and/or 359114 and/or 374814 and/or 385845 and/or any product similar thereto in any manner without the permission, consent, or license of the plaintiffs. Further relief has been sought relating to infringement of copyright of plaintiffs in literature/

Signature Not Verified Digitally Signed CS(COMM) 431/2023 1/59 specification/ artistic features related to plaintiffs’ brick making machine besides other attendant reliefs.

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2. Plaintiff no.1 claims to be a pioneer in revolutionizing one of the world’s oldest industries of brickmaking, engineering a shift in the traditionally manual process of making bricks to what is claimed to be world’s first patented, fully automated and mobile brick making machine (“plaintiffs’ machines”). Plaintiff nos. 2 to 4 are promoters/ directors of the plaintiff no. 1 and are inter alia inventors, co-applicants, co-patentees of the plaintiff’s machines.

3. It is alleged that defendant is manufacturing and selling Brick Making Machines (“defendant’s machine”) which are similar to plaintiffs’ machines for which the aforementioned patents have been granted.

4. The following patents have been granted in favour of plaintiffs:

SR. NO.	PATENT NO.	TITLE	APPLICATION DATE	DATE OF GRANT	APPLICANT/PATENTEE
1	359114	Brick Making Machine	26.02.2014 (543/DEL/2014)	23.02.2021	-Vilas Chhikara -Satish Kumar -Jagpravesh
2	385845	Brick Making Machine (BMM 150) And The Process Of Making The Brick Thereof	19.02.2015 (472/DEL/2015)	03.01.2022	-Vilas Chhikara -Satish Kumar -Jagpravesh
3	353483	Brick	31.12.2015	11.12.2020	-Vilas Chhikara

Signature Not Verified Digitally Signed CS(COMM) 431/2023 2/59

		Making Machine (BMM300) And The Process Of Making The Brick There Of.	(4341/DEL/2015)		-Satish Kumar -Jagpravesh
4		374814 Hydraulic- Based Mobile Brick Making And Laying Machine	29.10.2020 (202011047301)	18.08.2021 SNPC	Machines Private Limited

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5. Additionally, plaintiffs claim copyrights under provisions of the Copyright Act, 1957 in technical literature, data sheets, technical specification, drawings, images, etc. pertaining to the plaintiffs’ machines. 6. The history of innovating plaintiffs’ machines has been narrated in paragraph nos. 5 to 8 of the plaint. Essentially, plaintiff no. 2 was engaged in the business of conventional brickmaking which was labour-intensive and being aware of the fact that there was no automation in the brick making industry, he conceptualised an idea for developing an automated brick making machine. Pursuant to research and development, together with his brothers, plaintiff nos. 3 and 4, between 2007 to 2014, created several prototypes. In 2013, plaintiff nos. 3 and 4 incorporated plaintiff no.1 company. Plaintiff no.1 claims to be a leading modern player in the age-old brick making industry, not only domestically but worldwide as well. Plaintiffs’ machines are exported to various countries inter alia Nepal, Signature Not Verified Digitally Signed CS(COMM) 431/2023 3/59 Bangladesh, Pakistan, A

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