JUDGMENT :

Roshan Dalvi, J.

The Plaintiffs claim to be manufacturers of certain gratings used for industrial purposes. Initially the manufacture of gratings was by traditional handmade technique. After 1997, the Plaintiffs claim to have manufactured the Electro Fold Gratings. For this purpose, they claim to have imported a second hand Electro Fold machine in the assembled form from a European manufacturer. It was not found suitable to Indian conditions and accordingly the Plaintiffs made certain improvements and modifications to those machines through the employees of Plaintiff No. 2. Their work was documented in the form of certain drawings for the manufacture of several parts of the gratings.

2. Under an Agreement dated 12.12.1997 between the Plaintiffs, the artistic work containing in those drawings made by the employees of Plaintiff No. 2 came to be assigned to Plaintiff No. 1.

3. Between 1999 and 2001, the Plaintiffs claim to have created the first indigenous Electro Fold machine on the basis of those drawings. The Plaintiffs have since maintained only two sets of those drawings; one in the possession of Rajkumar Borkar of the Maintenance Department and other with Defendant No. 4