GSP CROP SCIENCE PVT LTD vs BR AGROTECH LIMITED AND ANR

Judgment text excerpt

* I N T H E H I G H CO U R T O F D E L H I A T N E W D E L H I Reserved on: July 11, 2025 % Pronounced on: July 25, 2025 + CS(COMM) 82/2023, I.A. 3231/2024 GSP CROP SCIENCE LTD. .....Plaintiff Through: Mr. G. Nataraj, Mr. Rahul Bhujbal, Advs. Versus BR AGROTECH LIMITED AND ANR .....Defendants Through: Mr. Saurabh Bhargavan, Mr. Nikhil S. Nair and Ms. Chinju Saurabh, Advs. for D-2. CORAM: HON’BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT I.A. 24574/2023 (Judgement on Admission) Preface: 1. The plaintiff instituted a suit for permanent injunction restraining the defendants from infringing its Indian Patent No.3945681 as also other ancillary reliefs against the defendant nos.1 and 2. 2. Vide order dated 16.02.2023, this Court granted an ad interim injunction in its favour and against the said defendant nos.1 and 2. Thereafter, vide order dated 03.03.2023, the suit was decreed qua the 1 Hereinafter referred as ‘IN’568’ CS(COMM) 82/2023 Page 1 of 21 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:25.07.2025 17:58:18 defendant no.1 in terms of the settlement arrived at inter se it and the plaintiff. Later on, vide order dated 04.07.2024, the order dated 16.02.2023 was made absolute qua the remaining defendant no.2. 3. It is in this backdrop that the plaintiff has filed the present application under Order XII rule 6 of the Code of Civil Procedure, 19082 to pass a judgement on admission against the remaining defendant no.2. Brief Factual Matrix: 4. As per plaint, the plaintiff, GSP Crop Science Pvt. Ltd., is a company registered under the Companies Act, 1956 with its office at Ahmedabad, Gujarat, and is engaged in the business of manufacture and sale of agrochemicals. 5. The plaintiff engages in extensive research and development for creating affordable products