Madras High Court
M/S. Ramcides Cropscience Pvt. Ltd vs Kingdao Agrochem (India) Private ... on 21 December, 2023
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. (COMM. DIV.) No.252 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (COMM. DIV.) No.252 of 2023
and
O.A. Nos.907 and 908 of 2023
M/s. Ramcides CropScience Pvt. Ltd.,
Rep. by its Manager - R& D
Dr. A. Vasanthakumar, ... Plaintiff
vs.
Kingdao Agrochem (India) Private Limited,
Ground Floor, No.92/15, Kanahalli Village,
Yeshwanthpur Hobli,
Bangalore North Taluk,
Bangalore, Bengaluru Urban,
Karnataka 560 091.
Also having offices at:
2nd Floor, Vaibhavi Mansion,
60 Feet Road, 3rd Block Nagarabhavi,
BDA Complex, Outer Ring Road,
HBR Layout, Bengaluru - 560 043.
and
Door No. 19-03-237-2e, Old Town,
Tadipatri Road, Ananthapuramu Town,
Ananthapuramu, Ananthapuramu,
Andhra Pradesh-515 004. ... Defendant
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C.S. (COMM. DIV.) No.252 of 2023
Prayer : PLAINT UNDER ORDER VII RULE 1 OF CIVIL PROCEDURE
CODE READ WITH ORDER IV RULE OF O.S. RULES AND SECTIONS
48 (2), 104 AND 108 OF PATENTS ACT, 1970 praying for the following
judgment and decree :-
(a) Granting permanent injunction restraining the Defendant, their
men, agents, employees, servants or anyone claiming through them or
under them in any manner infringing the Plaintiff's patent under Patent No.
299036 by manufacturing, marketing, selling, offering for sale, exporting a
product containing Zn HEDP, identical to the product claimed by the
Plaintiff;
(b) Granting permanent injunction restraining the Defendant, their
men, agents, employees, servants or anyone claiming through them or under
them in any manner infringing the Plaintiff's patent under Patent No.
299036 by manufacturing, marketing, selling, offering for sale, exporting a
product containing Zn HEDP, identical to the process claimed by the
Plaintiff or deceptively mislabeled comprising the identical or similar
composition/ method;
(c) Directing the Defendant to surrender all stock of the infringing
product comprising Zinc-HEDP;
(d) Directing the Defendant to render true account of the profits
earned by the Defendant through the sale of the infringing product and
directing payment of such profits to the Plaintiff for the infringement
committed by the Defendant and
(e) Direct the Defendant to pay the cost of the suit.
For Plaintiff : M/s.R. Prem Raja Kumari
For Defendant : Ms.R. Balambigai Gowri
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C.S. (COMM. DIV.) No.252 of 2023
JUDGMENT
An Undertaking Affidavit has been filed by the defendant, which is dated 19.12.2023 which has also been duly notarized. As seen from the undertaking affidavit submitted by the defendant, which is also agreeable to the plaintiff as submitted by the learned counsel for the plaintiff, the defendant has stated as follows :-
3. I submit that, we acknowledge that Ramcides CropScience Pvt.
Ltd. is the patentee of the Invention titled "ZINC-ESSENTIAL FOR FLORA AND FAUNA" containing "ZINC HEDP -17%"
granted by the Controller of Patents vide Patent No. 299036.
4. I submit that, "Legion Zinc: Zn HEDP 17.0%" was manufactured by us from August 2022 until August 2023 and we have sold about 1290 kilograms of the product "Legion Zinc: Zn HEDP - 17.0%" till date (as evidenced by the Certificate issued by the Chartered Accountant) and we have stopped manufacturing/ selling the product "Legion Zinc: Zn HEDP 17.0%" from 1st September 2023 and we undertake not to manufacture/ market/ sell/ offer for sale any product containing Zinc HEDP or similar to the patented invention of Ramcides CropScience Pvt. Ltd. in future in any manner whatsoever.
5. I submit that, we have manufactured 1290 kilograms of the product "Legion Zinc: Zn HEDP 17.0%" and have sold 1290 kilograms and hereby undertake to handover the unsold stock of ZERO kilograms to Ramcides Cropscience Pvt. Ltd.3/6
https://www.mhc.tn.gov.in/judis C.S. (COMM. DIV.) No.252 of 2023
6. I submit that, we hereby undertake to cease and desist from manufacturing/ trading/ sourcing/marketing/ storing/ exhibiting/ selling/ offering for sale or in any way dealing with any product containing 'ZINC HEDP' with immediate effect
7. I submit that, we are hereby paying a sum of Rs. 3,22,500/- (Rupees Three Lakhs Twenty Two Thousand and Five Hundred only) by way of Demand Draft/RTGS in the name of Ramcides Crop Science Pvt. Ltd., towards compensation against the manufacture/sale of the product "Legion Zinc: Zn HEDP -
17.0%" by Kingdao Agrochem (India) Private Limited.
2. The learned counsel for the plaintiff has also made an endorsement in the Court bundle on instructions that the plaintiff is agreeable to the terms and conditions contained in the Affidavit of Undertaking dated 19.12.2023 filed by the defendant. She has also made an endorsement that the suit can be disposed of in terms of the Affidavit of Undertaking dated 19.12.2023.
The Affidavit of Undertaking dated 19.12.2023 filed by the defendant is taken on record. In terms of the Affidavit of undertaking dated 19.12.2023, the suit is disposed of. The Affidavit of Undertaking dated 19.12.2023 filed by the defendant shall form part of this judgement. Consequently connected applications are closed.
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3. Registry is directed to issue the judgment copy to the defendant counsel only after the Affidavit of Undertaking dated 19.12.2023 is filed in original before the Registry.
21.12.2023 Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2 5/6 https://www.mhc.tn.gov.in/judis C.S. (COMM. DIV.) No.252 of 2023 ABDUL QUDDHOSE, J.
vsi2 C.S. (COMM. DIV.) No.252 of 2023 and O.A. Nos.907 and 908 of 2023 21.12.2023 6/6 https://www.mhc.tn.gov.in/judis