RAJESH TANDON, J. - (1.)HEARD Shri S.K. Bansal and Shri Sharad Sharma, counsel for the appellants and Shri Alok Singh, Sr. Advocate assisted by Shri Dharmendra Barthwal, counsel for the respondent.
(2.)BY the present appeal filed under Section 104 read with Order 43 Rule 1(r) of Code of Civil Procedure, the appellants have prayed for setting aside the order dated 10.8.2007 passed by the District Judge, Udham Singh Nagar in suit no. 2 of 2007 whereby the ex -parte injunction has been granted while adjudicating the application paper no. 6 -C under Order 39 Rule 1 and 2 in favour of the plaintiff -respondent.
(3.)BRIEFLY stated a suit no. 2 of 2007 was filed for permanent injunction restraining the infringement of patents, infringement of copyright, damages, delivery, etc. with the following reliefs : -
"(i) An order for permanent injunction restraining the Defendants by themselves and or through their Directors, Principal Officers, servants and agents from reproducing the copyrighted works of the Plaintiff in any material form including depiction in three dimensions of a two dimensional work or in two dimensions in a three dimensional work;

(ii) An order for permanent injunction restraining the defendants by themselves, and or through their Directors, Principal Officers, servants and agents from communication the copyrighted works of the plaintiff and products based on the works to the public;

(iii) An order for permanent injunction restraining the Defendants by themselves, and or through their Directors, Principal Officers, servants and agents from issuing copies of the copyrighted works of the plaintiff and products based on the works to the public;

(iv) An order for permanent injunction restraining the defendants by themselves, and or through their Directors, Principal Officers, servants and agents from permitting any place to be used for communication of products that infringe the copyright of the Plaintiff to the public;

(v) An order for permanent injunction restraining the defendants by themselves, and or through their Directors, Principal Officers, servants and agents from making, selling, letting for hire, offering for sale, distributing, exhibiting products that infringe the copyright of the plaintiff.

(vi) An order for permanent injunction restraining the defendants by themselves, and or through their Directors, Principal Officers, servants and agents from making, using, selling or offering to sell products that infringe the patent rights of the Plaintiff.

(vii) An order for permanent injunction restraining the defendants by themselves, and or through their Directors, Principal Officers, servants and agents from permitting any place to be used for making, using, selling or offering to sell products that infringe the patent rights of the plaintiff;

(viii) An order granting damages for the loss caused to the plaintiff by the infringing acts of the Defendants;

(ix) An order for rendition of true and faithful accounts of profits made by the Defendants by manufacture and sale of the infringing products and pay to the Plaintiff the proceeds that may be found due on taking of such accounts;

(x) An order directing Defendants to disclose on affidavit complete details of locations where infringing products are presently installed or available;

(xi) An order to seize and destroy all infringing products and to seize and destroy all machinery used in the manufacture of infringing products, wherever they are found;

(xii) An order for costs of the proceedings;

(xv) Any other orders as this Hon'ble Court may deed fit and proper in the facts and circumstances of the present case.

According to the plaint averments, the plaintiff Acme Tele Power Limited is incorporated under the Companies Act, 1956 having its registered office at 9th Floor Building, 'C', DLF Infinity Tower, DLF Cyber City, Phase -II Gurgaon, Haryana and has its place of business and factory at Plot No. 3 -8 & 29 -34, Sector -V, IIE, SIDCUL, Pantnagar -263153, Uttarakhand, India. The plaintiff manufactures products knows as 'Green Shelter" and "Compact Power Interface Unit" (For short, 'the products'). The products are required by the telecom industry for efficient managements of the temperature and power requirements of the telecom equipment installed at telecom lowers. The plaintiff sells the products to customers throughout India and raises bills for the sales from Pantnagar. The payments for the same are also being realized at Pantnagar. It has been stated that the defendant nos. 1,2 and 3 are companies incorporated under the Companies Act, 1956 and carry on the business of manufacturing and supplying Green Shelters and Compact Power Interface Units by infringing the Plaintiff's intellectual property rights. Defendant nos. 4 and 5 are the Principal Officers/Directors of the defendant companies and are exercising effective control over the defendant companies. The defendant no. 6 is presently an employee of the plaintiff. The plaintiff has stated that he has spent huge capital, skill and labour in the innovation of the products by which the customer's requirements are being satisfied. The Plaintiff's products shall fulfill a long felt market needs and command a premium in the market as evidenced by the plaintiff's phenomenal growth. The plaintiff's company was incorporated in year 2003 when it had a small turnover of just Rs. 30 lakhs and has achieved a turnover of more than Rs. 460 crores in the financial year 2005 -06. The plaintiff has witnessed phenomenal growth of more than 250% year on year basis in its business because of its innovative solutions. The plaintiff has stated that the drawings that the plaintiff uses to manufacture the products are artistic works and the copyright in these works belongs solely to the plaintiff. In paragraph 10 of the plaint, it has been stated as under: -

"10. that the drawing that the plaintiff uses to manufacture the said products are artistic works and the copyright in these works belongs solely to the plaintiff. By virtue of the plaintiff's ownership of copyright in the artistic works the plaintiff has the sole right to inter alia do or authorize the doing of the following: -

a. to reproduce the drawings in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;

b. to communicate the drawings and products based on the drawings to the public;

c. to issue copies of the drawings to the public."

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