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Crystal Crop Protection Limited v. Safex Chemicals India Limited & Ors.


JUDGMENT

AMIT BANSAL, J.

I.A. 5255/2024 (under Order XXXIX Rule 1 and 2 CPC)

1. By way of the present judgment, I shall decide the above-captioned application filed on behalf of the plaintiff company under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [hereinafter the ‘CPC’].

2. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the plaintiff’s registered patent no. 417213, titled as “Weedicidal Formulation and Method of Manufacture thereof” [hereinafter the ‘suit patent’] along with other ancillary reliefs.

3. On 12th March 2024, the predecessor Bench issued summons in the suit and notice in the interim injunction application. After hearing the arguments on behalf of the counsel for the parties, the predecessor Bench directed the defendants to provide a full disclosure of their product’s composition in their reply. The Bench also directed the plaintiff to file an affidavit detailing the functional role of the ‘dyeing agent or pigment’ in the suit patent, and in the said affidavit, the plaintiff was directed to clarify whether the absence of a pigment in the defendants’ products would still constitute

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