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interlocutory application

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nagaveni
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6 views

interlocutory application

for a given problem statement

Uploaded by

nagaveni
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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IN THE COURT OF HON'BLE PRINCIPAL DISTRICT CIVIL JUDGE,

C.C.C. AT HYDERABAD

I.A.No. OF 2025
IN
O.S.No. 23 OF 2025

BETWEEN:

ABC Enterprises Pvt. Ltd ....Petitioner/Plaintiff/s

AND

XYZ Innovations Ltd ....Respondents/Defendant/s

AFFIDAVIT

I, Srikanth Velugu (Sole Director of ABC Enterprises Pvt.Ltd), S/o. Velugu


Ravinder Reddy, Aged: 39 years, Occ:House wife, R/o.H.No.5-1-130, Saheb Nagar,
Vanasthalipuram, K.V. Ranga Reddy District, Hyderabad, do hereby solemnly affirm
and state on oath as under:
1. I am the petitioner herein and the plaintiff in the above suit as such well
acquainted with the facts of the case.

2. I, ABC Enterprises Pvt. Ltd., (represented by sole director Srikanth Velugu), am


a well-established company engaged in the manufacture and distribution of
electronic consumer goods. My flagship product, the "Smart Home Hub," has a
significant market share.

3. The Defendant, XYZ Innovations Ltd., is a competitor in the same industry and
has recently launched a similar product under the name "Smart Life Hub," which
I allege that defendant had infringed on its patented technology.

4. I have filed a suit against the Defendant for Patent Infringement under Section
48 of the Patents Act, 1970, seeking a permanent injunction, damages, and
other appropriate reliefs.
5. I state that the Defendant's aggressive marketing and mass distribution of the
'Smart Life Hub' constitutes a violation of my patent rights, resulting in and
threatening to continue to cause irreparable harm to my business reputation,
sales, and market share.

6. I further state that the Defendant is preparing to launch an enhanced version


of the infringing product, which will further escalate the infringement and harm
to my business.

7. Left with no other option, I, am seeking urgent interim relief to restrain the
Defendant from selling the "Smart Life Hub" until the final disposal of the suit.

8. The grounds for seeking urgent ad-interim relief are as follows:

(i) Irreparable Harm : The continued sale and distribution by the defendant
causing irreparable damage to my business, market confusion, making
consumer deception, diverting sales, damaging to my business
reputation and good will.
(ii) Balance of Convenience: The balance of convenience is in favour of
plaintiff (me) because the effect of this infringement damages plaintiff’s
business rather than defendant in case non granting of interim relief.
(iii) Prima Facie case: I have legally obtained patent rights for my product
from the patent office bearing patent No. 000 in the year 000 with
specifications mentioned. Defendant does not have a legally valid patent
right on the name of “Smart Home Hub”.
(iv) Urgency: The Defendant's aggressive marketing and imminent launch of
an enhanced infringing product necessitate urgent interim relief to
prevent further damage to me.
9. I submit that there is imminent threat of further infringement and it is just and
necessary to grant ad-interim injunction restraining the
respondents/defendants from continue infringement pending disposal of the
above case.

10. I submit that notice to defendant in this matter shall defeat the very purpose
of filing the above suit.
11. I submit that there is no other injunction is pending between the parties in
respect of the subject matter of the present suit.

It is therefore prayed that, pending disposal of the above suit, this Hon’ble Court
may be pleased to grant ad-interim injunction restraining the
Respondents/defendants, their agents, henchmen or any other person claiming
through them from manufacturing, selling, offering for sale, advertising, or in any
manner dealing with the product “Smart Life Hub”.

And for such other and further relief(s) as this Hon'ble Court may deem fit and
proper in the circumstances of the case.

Sworn and signed before me


On this the day of March, 2025
At Hyderabad. DEPONENT

Identified by Nagaveni, Advocate.

Advocate/Hyderabad.
IN THE COURT OF HON'BLE
PRINCIPAL DISTRICT CIVIL JUDGE,
C. C. C. AT HYDERABAD

I.A.No. OF 2025
IN
O.S.No. 23 OF 2024

BETWEEN:

ABC Enterprises Pvt. Ltd


..Petitioner/Plaintiff

and

XYZ Innovations Ltd.


….Respondents/Defendant/s

PETITION UNDER ORDER 39 RULE 1


AND 2 READWITH SECTION 151 CPC

FILED ON:

FILED BY:

Dr.Nagaveni, M.Sc, M.Tech, Ph.D, L.L.B.


Advocate.
Mobile: 9949059269
Email: [email protected]

COUNSEL FOR PLAINTIFF

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