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BOMBAY HIGH COURT - ORIGINAL SIDE,BOMBAY
S.C. DHARMADHIKARI, J
Dietrich Engineering Consultant Holdings Z I – Appellant
Versus
Schist India & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Janak Dwarkadas, Amit Jamsandekar, Udwadia & Udeshi
For the Respondents: Mr. Phiroze Palkhiwala, Xerxes Ranina, Rajmani Varma, Navdeep Vora & Associates, Madhukar Kalzunkar, Suhas Patil, Shreeram Shirsat

ORAL JUDGMENT :

1. Considering the bulk of the pleadings, papers and documents produced, the number of Authorities cited and the oral arguments made for days together with Written Notes that this lengthy judgment is delivered at this Interlocutory stage. Suffice it to observe that the findings and conclusions are tentative and prima facie and shall not influence the Court while delivering the final Judgment. This is a Notice of Motion by the plaintiffs for interim reliefs in a suit which is filed for permanent injunction.

2. The prayers in the suit in so far as relevant for the present purpose reads as under :-

(a) That the defendants, their agents, servants, employees, directors and any other person claiming thorugh or under them be restrained by a permanent order and injunction of this Hon(cid:25) ble Court from in any manner, directly or indirectly, using, imparting, disclosing the same, copying, storing on any medium, using it for manufacturing, marketing and / or selling Mobile Power Transfer System/s, Drum Contentment System, Powder Transfer System- Mobile, Lump Breaker Sunction Lance, Micro-Powder Transfer System, Transbatch Feeder System, Batchmixers and Single Charge containe

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