less energy. The competitors of the Company switched over to the said technology and were, therefore, having an edge over the Companyrespondent No. 2. Apart from this, another compelling circumstance for use of roll bond evaporators was that as per The Montreal Convention, 1987, on Environment, to which India was one of the participants, had emphasized that gases which tend to deplete ozone layers in the atmosphere should not be used. The Government of India, accordingly, framed the Ozone Depleting Substance (Regulation and Control) Rules, 2000 (hereinafter referred to as 'Rules, 2000') under the Environment Protection Act, 1986, in which the use of gases, which tend to deplete the ozone layers, was prohibited. The conventional clinch tube type evaporators, which were being manufactured by respondent No. 2- Company, used gases which tend to deplete ozone layers and were now prohibited under the Rules, 2000. As per these Rules, this prohibition was to come into effect from the end of 2002 and before that the use of these gases was required to be stopped by the manufacturers of refrigerators. Taking into consideration all these factors, respondent No. 2-Company decided to switch over to the use of roll bond evaporators in the refrigerators. As it did not have the necessary expertise to manufacture the roll bond evaporators in its factory, it decided to purchase the same from outside sources. Another aspect, which forced the Company to take this step, was that the roll bond evaporators had been designed and manufactured by M/s EAR Canal SA Pvt. Ltd., Spain, which had got the design patented under the law. All other competitors of respondent No. 2- Company in India in the refrigerator industry were purchasing the said evaporators from this very Company. The effect of this decision was that the entire machinery already lying in the Evaporator Section was rendered
