Decided on September 14,1973



D.A.DESAI - (1.)Somabhai Ishwarbhai Bhagat filed Regular Civil Suit No. 2348 of 1971 in the City Civil Court at Ahmedabad complaining of infringement of patent No. 124131 which according to the evidence was sealed on 26th October 1971 but which according to Mr. P.M. Raval learned Advocate now tells me was sealed on 15th October 1971.
(2.)The patent was in respect of a roasting apparatus and complete specification briefly describes the invention as providing a vertical rotating shaft the vertical rotating shaft being provided on its upper portion with a bevel gear wheel somewhere near the middle of the shaft with a lever latch for raising or lowering the vertical shaft as required. At the lower end of the vertical rotating shaft a bent bracket would be fixed to it by a bolt and nut the other end of the bent bracket being connected to a bent semi-circular and angular shovel. The Invention further claims that the centre of the semi-circular and angular shovel will be co-axial to the centre of the vertical rotating shaft. Another bevel wheel would be mashed with the bevel wheel of the rotating shaft; and this another bevel wheel will be fixed with a horizontal rotatable shaft. The other end of this horizontal shaft would be provided with a pulley for belt drive or may be directly coupled with the driving element. A pan or an open vessel would be provided below the showel fitted with vertical shaft and the pan or open vessel would be placed on a heating apparatus. This invention was to be used in preparation of roasting corriender seeds popularly known as DHANA-NIDAL. The plaintiff applied for registration of this patent as per his application dated 24th November 1969. The application was accepted on 5 March 1971 and as stated earlier patent according to the plaintiffs evidence was sealed on 26th October 1971 but Mr. P. M. Raval learned Advocate now informs me that the date of sealing is 15th October 1971. The plaintiff complained in the suit that the defendant has put in its factory roasting apparatus similar to the plaintiffs apparatus in respect of which patent is granted and thus the defendant is infringing and continuously threatening to infringe the said patent granted to the plaintiff. The plaintiff prayed for a permanent injunction restraining the defendant from infringing the patent and Rs. 1000 as and by way of damages or compensation and for accounts of profits made by the defendants by using the apparatus in respect of which the plaintiffs patent is registered. The plaintiff also took out notice of motion for appointment of a Commissioner to make inventory of the machines or apparatus which were being used by the defendant and also to take photographs thereof from different angles.
(3.)In response to the notice served by the City Civil Court the defendant appeared and filed its written Statement Exh. 6 on 11th October 1971 inter alia putting forth a counter claim for revocation of the plaintiffs patent.

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