Delhi High Court - Orders
Nord Lock Ab & Anr vs Gala Precision Engineering Private ... on 2 July, 2024
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 895/2023 & I.A. 31783/2024
NORD LOCK AB & ANR. ..... Plaintiffs
Through : Mr. Pravin Anand, Ms. Vaishali R.
Mittal, Mr. Siddhant Chamola, Ms.
Gitanjali Sharma, Mr. Gursimran
Singh Narula, Advocates.
versus
GALA PRECISION ENGINEERING PRIVATE
LIMITED & ANR. ..... Defendants
Through : Mr. N.K. Bhardwaj, Mr. Bikash
Ghorai, Mr. Saurabh Yadav,
Mr. Vardhman Jain, Mr. Neeraj
Bhardwaj and Ms. Vasupriya
Awasthi, Advocates.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 02.07.2024 I.A. 31783/2024 (Order XXXIX Rules 1 & 2)
1. The present application has been filed on behalf of the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 ("CPC").
2. Learned counsel appearing for the plaintiffs submits that the present suit has been filed seeking a permanent injunction restraining the defendants from infringing two registered patents of the plaintiff, which are as follows:-
(i) IN 311313 - This patent concerns a method for manufacture of a particular kind of circular washers.
(ii) IN 302324 - This patent concerns a method for manufacture of a hardened steel locking washer, with an anti-corrosion coating.
This is a digitally signed order.
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3. It is submitted that the defendants in the present suit are manufacturing washers under the brand "Gala", and they are identical to those manufactured by the plaintiffs, by following the methods of the above- mentioned patents. Consequently, the defendants' washers are infringing the Plaintiffs' abovementioned patents.
4. It is submitted that despite the aforesaid, the defendants are now trying to set up a new case. Thus, it is submitted that the defendants are seeking acknowledgement of non-infringement from the plaintiffs through letters addressed under Section 105 of the Patents Act, 1970, and are laying the groundwork for filing a suit for declaration of non-infringement of patents.
5. Issue notice to the defendants. Mr. N.K. Bhardwaj, learned counsel appearing for the defendants accepts notice. Let reply to the application, be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks, thereafter.
6. In view of the submissions made before this Court, it is directed, in the meanwhile, that in case the defendants file a suit for declaration of non- infringement of the plaintiffs' patents, i.e., IN 311313 and IN 302324, then the same shall be filed, within the jurisdiction of this Court.
7. Re-notify on 17th September, 2024, i.e., the date already fixed.
MINI PUSHKARNA, J JULY 2, 2024/mk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2024 at 21:39:56