CRYSTAL CROP PROTECTION LIMITED vs SAFEX CHEMICALS INDIA LIMITED & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 24.03.2025 Judgment pronounced on: 07.05.2025 I.A. 5255/2024 IN + CS(COMM) 196/2024 & CC(COMM) 28/2024 CRYSTAL CROP PROTECTION LIMITED .....Plaintiff Through: Mr. Dayan Krishnan, Senior Advocate with Mr. Gaurav Barathi, Ms. Srika Selvam, Ms. Rasya Rawal and Mr. Harsh Gupta, Advocates versus SAFEX CHEMICALS INDIA LIMITED & ORS. .....Defendants Through: Mr. J. Sai Deepak, Senior Advocate with Mr. Ajay Amitabh Suman, Mr. Rishi Bansal, Mr. Deepak Srivastava, Mr. Rishabh Gupta and Ms. Daesha Mehta, Advocates CORAM: HON’BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. I.A. 5255/2024 (under Order XXXIX Rule 1 and 2 CPC) 1. By way of the present judgment, I shall decide the above-captioned application filed on behalf of the plaintiff company under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [hereinafter the ‘CPC’]. 2. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the plaintiff’s registered patent no. 417213, titled as “Weedicidal Formulation and Method of Manufacture thereof” [hereinafter the ‘suit patent’] along with other ancillary reliefs. Signature Not Verified Digitally Signed CS(COMM) 196/2024 Page 1 of 34 By:DHARMENDER SINGH Signing Date:07.05.2025 15:47:34 3. On 12th March 2024, the predecessor Bench issued summons in the suit and notice in the interim injunction application. After hearing the arguments on behalf of the counsel for the parties, the predecessor Bench directed the defendants to provide a full disclosure of their product’s composition in their reply. The Bench also directed the plaintiff to file an affidavit detailing the functional role of the ‘dyeing agent or pigment’ in the suit patent, and in the s