Delhi High Court - Orders
Kubota Corporation vs Godabari Agro Machinery And Services ... on 14 December, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 655/2023, I.As. 21585/2023 & 24409/2023
KUBOTA CORPORATION ..... Plaintiff
Through: Mr. J. Sai Deepak, Mr. Nitin
Wadhwa, Ms. Srishti Banerjee, Mr.
Cheitanya Madan, Mr. Ananth
Swamy, Mr. R. Vigneshwar, Ms.
Arpita Bishnoi, Advs.
(M.8588939380)
versus
GODABARI AGRO MACHINERY AND
SERVICES INDIA PRIVATE LIMITED & ORS...... Defendants
Through: Mr. Chander Lall, senior adv., Mr.
Ashish Aggarwal, Ms. Gurkamal
Hora, Ms. Ramya Aggarwal, Mr.
Jaisal Baath, Ms. Yashi Agrawal,
Mr. Abhinav, Advs. for D-1 (M.
9560744337)
Mr. Ayush Sharma, Adv. for D-2
(M. 9899096069)
Mr. Amit Sibal, Sr. Adv, Mr.
Nirupam Lodha, Mr. Nikhil Ranjan,
Mr. Gautam Wadhwa, Mr. Rishabh
Sharma, Mr. Saksham Dhingra, Mr.
Ankur Vyas, Advs. for D-3 (M.
9871444784)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 14.12.2023
1. This hearing has been done through hybrid mode.
2. In the present matter, vide order dated 6th December, 2023, it was recorded that Counsel for Defendant No. 1 were to obtain instructions with CS(COMM) 655/2023 Page 1 of 4 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 18/12/2023 at 21:09:08 regard to the import and sale of dust fans, as set out below:
"14. Ld. counsel for Defendant No.1 wishes to seek instructions in the matter, as it was observed even previously, that the import and sale of dust fans which are infringing as per the Plaintiff are being disowned by Defendant No.1. Therefore the Court is inclined to restrain the import of the said dust fan. However, in view of the adjournment sought today, the matter is being kept for next week. If no instructions are obtained by the next date, the application shall proceed for hearing."
3. There has been a change of stand of the Defendant No.1 today. Insofar as dust fans are concerned, under instructions, Mr. Chander Lall, ld. Senior counsel appearing for Defendant No.1 submits that his client has imported dust fans, contrary to what was submitted previously. There are a total of 224 dust fans imported by the Defendant No.1. Out of the said dust fans, 202 dust fans are lying in stock. According to ld. Senior Counsel, Defendant No.1 does not intend to use or import these dust fans, though the same are stated to be not infringing in nature. The details of the stock of the dust fans are set out below:
Address of the No. of pieces imported No. of pieces lying of Premises of the Dust Fan the Dust Fan Plot 176/177, Situated 70 60 at Rudrapur, Bhubaneswar, Distt.
Khurda - 752101
Survey No: 658/RU, 154 142
Situated at Bhonagiri
main Road, Chityal,
Distt Nalgonda -
508114
Total 224 202
CS(COMM) 655/2023 Page 2 of 4
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 18/12/2023 at 21:09:08
4. Let an affidavit to this effect be filed by Defendant No.1. Defendant No.1 shall be bound by the statement that it does not intend to import or sell the dust fans.
5. Insofar as Defendant No.3 is concerned, a specific query has been put to Mr. Amit Sibal, ld. Senior Counsel appearing for Defendant No.3, who submits that Defendant No.3 i.e., Jiangsu World Group, neither manufactures nor exports dust fans to India. He further submits that the technical expert appointed vide order dated 21st September, 2023 has given her report stating that the combined harvester is not infringing the suit patents. He relies on the same to argue that there ought not be any injunction in this matter.
6. Insofar as the combined harvesters are concerned, it is the stand of Defendant No.3, that the said harvesters are exported to India through various distributors based in China. The combined harvesters have been inspected by the technical experts. However, the same have been found non- infringing. Insofar as the dust fans are concerned, it is the stand of Defendant No.3 that Defendant No.3 does not either manufacturer or export directly or indirectly, the dust fans.
7. Both the Defendant No.1 and 3 shall be bound by their respective statements. Defendant No.1 shall place on record the documents, which have been handed over to the Court, which show the source of the dust fans, in the Registry after serving an advance copy to the parties. The said documents shall be filed by Defendant No.1 within one week.
8. One of the experts has submitted the report and the second expert has yet not filed. Let the expert reports be now submitted.
CS(COMM) 655/2023 Page 3 of 4This 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 18/12/2023 at 21:09:08
9. The Plaintiff is free to get inspected the dust fans currently lying with Defendant no.1, through same two experts i.e., Ms. Prof. Padmavati Manchikanti (M: +91- 9434743672) from IIT Kharagpur and Dr. Anmol P. Bhondekar (M: +91 8146585825) from CSIR- Central Scientific Instruments Organisation (CSIO) for inspection at Plot No.176-177, Rudrapur, Bhuvaneshwar, District Khurda. The dust fans shall be made available to the experts for inspection. The experts shall be paid a sum of Rs.1 lakh each, again by the Plaintiff exclusive of all out of the pocket other expenses.
10. The experts shall inspect the combined harvester and dust fans lying in the Plaintiff's premises in terms of the previous order and submit a report as to whether the report, which has been filed by the Plaintiff in this suit, is accurate or not. Copy of the said report of the Plaintiff shall be handed over to the two experts. It is clarified that the representatives of the Defendant Nos.1 & 3 can remain present at the time when the experts inspect the dust fans in terms of the previous order dated 6th December, 2023.
11. All the reports by the two experts shall be filed by 15th January, 2024 so that the matter can be heard on the next date of hearing.
12. With regard to I.A. 21585/2023, rejoinder is filed. The same is returned under objections. Let the same be brought on record. Delay, if any, is condoned. If the Defendants wish to file any sur-rejoinder, the same be filed within two weeks.
13. List this matter for hearing of injunction application on 24th January, 2024, the date already fixed.
PRATHIBA M. SINGH, J.
DECEMBER 14, 2023/dk/bh CS(COMM) 655/2023 Page 4 of 4 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 18/12/2023 at 21:09:09