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National Agro Chemicals ... vs National Research Development ... on 10 February, 2014

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Reserved on : January 20, 2014 Judgment Pronounced on : February 10, 2014

+ RFA(OS)124/2012

NATIONAL AGRO CHEMICALS INDUSTTRIES LTD.

....Appellant

Represented by: Mr.Amit Sibal, Mr.Sumeet Bhatia and Mr.Prateek Chadda, Advocates

versus

NATIONAL RESEARCH DEVELOPMENT CORPORATION

....Respondent

Represented by: Mr.P.N.Bhardwaj and Mr.Ashutosh

Bhardwaj, Advocates

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MR. JUSTICE JAYANT NATH

JAYANT NATH, J.

1. The present Regular First Appeal is filed under Section 96 of the Code of Civil Procedure 1908 for setting aside the judgment and decree dated September 06, 2012 whereby the appellant was restrained from using technology/knowhow given by the respondent for manufacture of Pesticide Monocrotophos Technical unless the appellant paid the royalty. A preliminary decree was also passed wherein the respondent was held entitled to royalty in terms of the License Agreement and also entitled to rendition of accounts to determine the royalty.

2. The respondent had filed the Suit seeking relief of injunction and

RFA(OS)124/2012 Page 1 of 17 rendition of accounts. In the Plaint it is stated that the respondent is a Government of India undertaking dealing with licensing of different knowhow and exper


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