INDUSTRIAL GASES LTD Vs. KAMSUP INDUSTRIAL GASES LTD
HIGH COURT OF CALCUTTA
INDUSTRIAL GASES LTD.
KAMSUP INDUSTRIAL GASES LTD.
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Ruma Pal, J. -
(1.)This suit has been filed by the petitioners inter alia for a perpetual injunction to restrain the defendants from infringing Patent Nos. 169335, 170231 and 169362, for delivery of apparatus manufactured in accordance with the patents; for a decree for Rs. 4 crores for the loss and damage suffered by the plaintiff or for such sum found on enquiry. The present application is in aid of the reliefs claimed in the suit. Apart from an injunction restraining the defendants from infringing the patents referred to above a claim has also been made for appointment of a special Receiver to collect the apparatus manufactured in infringement of the patents and other consequential reliefs.
(2.)According to the petitioners the petitioner No. 2 had made three applications between the period 28.6.88 and 22.7.88 under the Patents Act, 1970 for grant of a patent in respect of three inventions. All three inventions relate to parts of acetylene generators. The first patent namely Patent No. 169362 relates to improvements in or relating to improvements for feeding carbide in acetylene generators. The second patent being Patent No. 169335 relates to "improvements in or relating to carbide-to- water Type apparatus for generating gases like Acetylene".
(3.)The third patent being Sl. No. 170231 relates to "improvements in or relating to apparatus for generating acetylene including moisture preventing means".
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