Delhi High Court - Orders
Sotkon Sp Slu vs Western Imaginary Transcon Pvt. Ltd. & ... on 11 April, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:14.04.2022
08:40:59
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 484/2021 & I.As. 13004/2021, 16453/2021, 16455-
56/2021
SOTKON SP SLU ..... Plaintiff
Through: Ms. Shwetasree Majumder, Ms.
Tanya Varma and Ms. Devyani Nath,
Advocates. (M:7042547106)
versus
WESTERN IMAGINARY TRANSCON PVT. LTD.
& ORS. ..... Defendants
Through: Mr. Anshul Goel, Mr. Ashok Goel &
Mr. Ranjeev Kumar, Advocates.
(M:9873815146)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 11.04.2022
1. This hearing has been done through hybrid mode. I.A. 16456/2021(for additional documents)
2. This is an application for seeking leave to file additional documents. The additional documents are taken on record, subject to any objections of the Defendants. If the Defendants wish to rebut the same, they are permitted to do so within four weeks.
3. I.A. 16456/2021 is disposed of.
CS(COMM) 484/2021 & I.As. 13004/2021, 16453/2021, 16455/2021
4. The present suit relates to the alleged infringement of the Plaintiff's patent and copyright rights in Indian Patent No.329620, titled as 'Subsurface System for the Collection of Refuse', which is a waste management system. The case of the Plaintiff is that the Defendants, which seem to be providing Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:14.04.2022 08:40:59 waste management services, have submitted tender/bid for Smart Underground Bins for Collection and Storage of Solid Waste at Various Locations in Gandhinagar City, Gujarat. The said specifications of the Defendants' technology for underground bins are stated to be infringing the Plaintiff's rights in their patent.
5. A pass over is sought on behalf of the Defendants, which is not possible today.
6. Ld. counsel for the Plaintiff submits that the Defendants are guilty of gross contempt, as they are continuing to go ahead with their project with the Gandhinagar Municipal Corporation. However, ld. counsel for the Defendants submits, that at this point, no activity is taking place in the construction, installation and commissioning of the underground bins for collection/storage of solid waste, in Gandhinagar.
7. If the Defendants are carrying out activities with respect to the said project in Gandhinagar, ld. Counsel for the Plaintiff is permitted to move an appropriate application in this regard.
8. The Defendants shall place on record an affidavit as to the total amount of consideration received/receivable by them in respect of this project, before the next date of hearing.
9. List for hearing of all the applications on 4th August, 2022.
PRATHIBA M. SINGH, J.
APRIL 11, 2022 dj/ms