Decided on August 18,1970

Biraja Bilash Paul Appellant


S.C. Ghose, J. - (1.) This is an application for revocation of leave under Clause 12 of the Letters Patent granted to the Plaintiff to institute this suit in this Court. In the petition two points were urged for revocation of such leave, viz. (i) no part of the cause of action as alleged in the plaint arose within the jurisdiction of this Court and (ii) the balance of convenience of trying this suit lies overwhelmingly in the appropriate Court in U.P. Mr. Bachawat appearing on behalf of the Applicant before me has urged only one point as the ground for revoking leave under Clause 12 of the Letters Patent, viz. no part of the cause of action in this suit arose within the jurisdiction of this Court.
(2.) This suit was filed by the Plaintiff, inter alia, for an injunction to restrain the Defendant, its agent and servants from infringing the patent belonging to the Plaintiff in respect of drawings and inventions mentioned in the plaint being Patent No. 96802 and dated December 2, 1964, and consequential relief including damages on account of wrongful infringement of the aforesaid patent. The Plaintiff, as alleged in the plaint, is the proprietor of the said patent bearing No. 96802 dated December 2, 1964, in respect of an invention of Calendria Pan for boiling sugar syrup quickly. The alleged infringement has been pleaded in para. 5 of the plaint. 5. On or about March 6, 1969, the Plaintiff came to know that the Defendant had given a quotation for forty ton capacity Centra First Low Head Vacuum Pan to one Mohini Sugar Mills Limited 'of No. 25 Brabourne Road, Calcutta, within the said jurisdiction and from the specification sheets and other papers. sent with the said quotation it appears that the same is being manufactured by the Defendant in accordance with the Plaintiff's invention and in violation and infringement of the said Patent right of the Plaintiff. From the said quotation it also appears that the Defendant has already supplied 11 such Pans to various parties without the Plaintiff's knowledge or consent and in gross breach and infringement of the Plaintiff's aforesaid Patent right.
(3.) The Plaintiff has also pleaded in para. 8 of the plaint as follows: 8. By a letter dated March 6,1969, written by his Solicitors the Plaintiff called upon the Defendant to pay the said sum of Rs. 1,50,000 and to deliver up the drawings and other data supplied to the Defendant by the Plaintiff and also to deliver and destroy all infringing articles in the Defendant's, possession, - custody and control and to affirm an affidavit before a competent authority stating that the Defendant has so destroyed with such damages. The said letter was sent from No. 6 Old Post Office Street, Calcutta, within the said jurisdiction and the same was received by the Defendant at Meerat outside the said jurisdiction.;

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