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2024 Supreme(Online)(GUJ) 7244













NEUTRAL CITATION
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/APPEAL FROM ORDER NO. 139 of 2023 [On note for speaking to minutes of order dated 19/07/2024 in R/AO/139/2023 ]

==========================================================

SONANI INDUSTRIES PVT. LTD (FORMERLY KNOWN AS SONANI JEWELS PVT.

LTD.)

Versus GALACTICA PROCESSING TECHNOLOGIES LLP & ORS.

==========================================================

Appearance:

JWALIT B SONEJI(7895) for the Appellant(s) No. 1 MR ARJUN M JOSHI(11247) for the Respondent(s) No. 1,6,7 MR.BHASH H MANKAD(6258) for the Respondent(s) No. 2,3,4,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV and HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 02/08/2024

Petitioner Advocates:JWALIT B SONEJI(7895) ,Respondent Advocate: MR ARJUN M JOSHI(11247)

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE DEVAN M. DESAI)

Perused the Note for Speaking to Minutes.

In the CAV Judgment dated 19.07.2024 passed by this Court in captioned Appeal the name of learned Senior Advocate Mr.Mihir Joshi be reflected, who has appeared with learned advocate Mr.Arjun M. Joshi for the respondent no.1, 6 and 7.

Rest of the CAV judgment shall remain intact.

The note for speaking to minutes stands disposed of, accordingly.

(BIREN VAISHNAV, J)

(D. M. DESAI,J)

MANOJ

NEUTRAL CITATION
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/APPEAL FROM ORDER NO. 139 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/APPEAL FROM ORDER NO. 139 of 2023 With CIVIL APPLICATION (FOR PRODUCTION OF ADDITIONAL EVIDENCES)

NO. 1 of 2024 In R/APPEAL FROM ORDER NO. 139 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BIREN VAISHNAV and HONOURABLE MR. JUSTICE DEVAN M. DESAI ==========================================================

1 Whether Reporters of Local Papers may be allowed No

1 Whether Reporters of Local Papers may be allowed to see the judgment ? No
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of the judgment ? No
4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? No
==========================================================

SONANI INDUSTRIES PVT. LTD (FORMERLY KNOWN AS SONANI JEWELS PVT. LTD.)

Versus GALACTICA PROCESSING TECHNOLOGIES LLP & ORS.

==========================================================

Appearance:

MR.SAURABH SOPARKAR Ld.Sr. ADVOCAT WITH JWALIT B SONEJI(7895) for the Appellant(s) No. 1 MR ARJUN M JOSHI(11247) for the Respondent(s) No. 1,6,7 MR.JAY SAVLA Ld.Sr. ADVOCATE WITH MR.BHASH H MANKAD(6258) for the Respondent(s) No. 2,3,4,5 ==========================================================

NEUTRAL CITATION
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV and HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 19/07/2024 CAV JUDGMENT (PER : HONOURABLE MR. JUSTICE DEVAN M. DESAI)

1. By way of the present Appeal From Order, the appellant – original plaintiff has challenged the order below Ex.5 dated 18.05.2023 passed by the learned Additional District Judge-11, District & Sessions Court, Surat in Commercial TM C.S.No.1 of 2023.

2. Heard learned Senior Counsel Mr.Saurabh Soparkar with learned advocate Mr.Tarun Khurana, learned advocate Mr.Ahhijeet Deshmukh and learned advocate Mr.Jwalit Soneji for the appellant, learned advocate Mr.Arjun M. Joshi for respondent Nos.1, 6 and 7 and learned Senior Counsel Mr.Jay Savla with learned advocate Mr.Robin Chacko and learned advocate Mr.Bhash Mankad for respondent Nos.2, 3, 4 and 5.

NEUTRAL CITATION
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3. Brief facts of the case are summarized as under:-

3.1 The plaintiff has prayed for in Injunction Application that pass an interim injunction in favour of the plaintiff and against the defendants, their affiliates, subsidiaries, related parties/officers, directors, representatives, agents distributors, assigns, nominees, and customers restraining them from directly or indirectly, jointly or severally, manufacturing having manufactured, procuring selling, offering for sale any machine/device or service that infringes the Suit Patent as well as any future machine/devices that incorporates the Suit Patent No.IN398302, so as to result in the infringement of the said Suit Patent, and has also prayed for ex-parte Ad-

interim and interim reliefs in terms of aforesaid prayers.

3.2 The Plaintiff is a supplier of CVD-grown diamonds. The Plaintiff also manufactures and supplies microwave reactors for CVD diamond production. The Plaintiff offers diamonds and jewellery, which are all lab-

NEUTRAL CITATION
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grown and is a global distributor of all types of fancy- coloured diamonds and jewellery. The plaintiff has developed devices for High Pressure High Temperature treatmen

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