New Pleadings Cannot Be Included During The Pendency

International Tractors Limited had filed a suit for permanent injunction to restrain the employees, agents etc. of Punjab Tractors Ltd. from dealing in tractors, tractor housings, or components similar to those in the drawings made by CMERI, in respect of tractors up to 60 HP with the exception of 20 HP tractors. The allegations in the suit also included infringement of copyright, rendition of accounts and other reliefs.

The plaintiff was granted an exclusive license by CSIR to manufacture tractors based on its own drawings and know-how. An exclusive license granted by the NRDC was also held in relation to the tractors that it was already manufacturing. According to the terms of the license, the plaintiffs could not interfere with the technology of 20 HP tractors manufactured by the defendants. The plaintiff accused the defendants of committing a breach of rights of the plaintiff under the license and of infringing its copyright.