Delhi High Court - Orders
Kubota Corporation vs Godabari Agro Machinery And Services ... on 6 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 655/2023
KUBOTA CORPORATION ..... Plaintiff
Through: Mr. J. Sai Deepak, Mr. Nitin
Wadhwa, Ms. Srishti Banerjee, Mr.
Cheitanya Madan, Mr, R.
Vigneshwar, Ms. Arpita Bishnoi, Mr.
Avinash Sharma, Advs. (M:
8588939380)
versus
GODABARI AGRO MACHINERY AND SERVICES INDIA
PRIVATE LIMITED & ORS. ..... Defendants
Through: Mr. Ashish Aggarwal, Ms. Gurkamal
Hora Arora, Mr. Ramya Aggarwal &
Mr. Jaisal Baath, Advs. for D-1. (M:
9560744337)
Mr. Gautam Wadhwa, Adv. for D-3.
(M: 9871444784)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 06.10.2023
1. This hearing has been done through hybrid mode. I.A.19687/2023 (u/S. 151 CPC for directions)
2. This is a fresh application by the Plaintiff pursuant to the order dated 21st September, 2023. On the said date, the following directions were issued by the Court.
"31. Accordingly, the following two experts are appointed by the Court to compare the impugned product components, with the granted claims of the suit patents and submit their respective reports independently to this Court.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 09/10/2023 at 22:04:21 ● Accordingly, Ms. Prof. Padmavati Manchikanti (M:
+91- +91 94347 43672) from IIT, Kharagpur and Dr. Amol P. Bhondekar (M: +91 8146585825) from CSIR - Central Scientific Instruments Organisation (CSIO) are appointed as Experts in the present suit to inspect the machine/impugned product of the Defendants, and carry out an analysis of the same with the suit patent claims of the Plaintiff.
● The Defendants' product or machine is located at 'Plot No.130, situated at Rudrapur, Balianta, Dist.- Khordha, Bhubaneshwar, Orissa-752101'. ● The two Experts, alongwith at least two technical experts on behalf of the Plaintiff, and one technical expert on behalf of each Defendant shall accompany the Experts appointed above for the inspection. ● The two Experts shall be permitted to take photographs, as also videographs, and their reports shall be filed independently within two weeks after execution of the inspection/commission. ● The two Experts shall visit and carry out their inspection within 10 days.
● One Advocate on behalf of each of the parties is permitted to accompany the two Experts. ● The two Experts shall inform the respective Counsels of the parties in advance as to the date of inspection.
● The fee of the two Experts is fixed at Rs.1.5 lakhs each, plus out of pocket expenses, to be borne by the Plaintiff."
●
3. The prayers in the application are as follows:
"It is therefore prayed that this Hon'ble Court pending the disposal of the suit may kindly be pleased to:
(a) Appoint advocate(s)/official(s) of the Hon'ble Court as Local Commissioner(s) to visit the premises of the Defendants at the address given above and take stock of the number of Impugned 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 09/10/2023 at 22:04:21 Products stored in the premises;
(b) Appoint advocate(s)/official(s) of the Hon'ble Court as Local Commissioner(s) to visit the premises of the Defendants at the address given above to confiscate and take into custody One (1) Impugned Product including labels, cartons, packets, materials, spare parts and things and keep the same in safe custody, under lock and key and/or alternatively entrust the same to the said Defendants on superdari;
(c) Authorize the Plaintiffs representatives to enter the premises of the said Defendants along with the Local Commissioner(s) to assist in the execution of the Commission, if necessary;
(d) Authorize the Plaintiff to bring technical staff and/or engineers (in addition to the Two (2) technical experts permitted through the Order) to accompany the Plaintiff, if required, during the inspection scheduled on 13 October 2023 to assist with the disassembly of the Impugned Product for the purpose of the inspection to be conducted by the experts appointed by this Hon'ble Court;
(e) Direct the Defendant No. l to make available the Impugned Product imported prior to the month of September 2023 and provide an undertaking to the Court that it has not carried out any alterations or modifications to the product following its import; and
(f) Pass such further order and other relief as this Hon'ble Court may deem fit and proper as the circumstances of case may require".
4. In this application, one of the prayers i.e. prayer (e) is for the Defendant No.1 to confirm the location and model of the product.
5. Ld. Counsel for Defendant No.1 submits that a 2020 model of the Harvester is located at their premises at Plot No.130, Rudrapur, Balianta, Distt.- Khordha, Bhubaneshwar, Orissa-752101. Accordingly, the team, CS(COMM) 655/2023 Page 3 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 09/10/2023 at 22:04:21 which was appointed for inspecting the said product, shall visit in terms of the order dated 21st September, 2023.
6. The Ld. Counsel for the Defendant has confirmed that the model that will be given inspection is the model which was of 2020, prior to the institution of the present suit. Prayer (e) is granted in the above terms. Other prayers in this application are not pressed for.
7. The application is disposed of.
CS(COMM) 655/2023
8. List on 24th January, 2024.
PRATHIBA M. SINGH, J.
OCTOBER 6, 2023/dk/sk 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 09/10/2023 at 22:04:21