Supreme Court - Daily Orders
Bull Machines Private Limited vs J C Bomford Excavators Limited on 26 August, 2021
Bench: Vineet Saran, Dinesh Maheshwari
1
ITEM NO.9 Court 9 (Video Conferencing) SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).7518-7519/2018
(Arising out of impugned final judgment and order dated 20-12-2017
in IA No.1733/2015 in CS (OS) No.2934 of 2011, 20-12-2017 in IA
No.1732/2015 passed by the High Court Of Delhi At New Delhi)
BULL MACHINES PRIVATE LIMITED Petitioner(s)
VERSUS
J C BOMFORD EXCAVATORS LIMITED & ANR. Respondent(s)
(IA No.87472/2021 - APPROPRIATE ORDERS/DIRECTIONS, IA No.87474/2021
- EXEMPTION FROM FILING AFFIDAVIT, IA No.150127/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No.40839/2018 - PERMISSION TO FILE LENGTHY LIST OF DATES) WITH Diary No(s). 13878/2018 (XIV) (IA No.65213/2018 - CONDONATION OF DELAY IN FILING) Date : 26-08-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Udayan Jain, Adv.
Mr. Sonal Jain, AOR Mr. Ishkaran Singh, Adv.
Ms. Kajal Sharma, Adv.
For Respondent(s) Dr. A.M. Singhvi, Sr. Adv.
Mr. Ritin Rai, Sr. Adv.
Mr. Pravin Anand, Adv.
Ms. Ruby Singh Ahuja, Adv.
Ms. Deepti Sarin, Adv.
Ms. Vaishali Mittal, Adv.
Ms. Swikriti Singhania, Adv. Mr. Siddhant Chamola, Adv.
M/S. Karanjawala & Co., AOR Signature Not Verified UPON hearing the counsel the Court made the following Digitally signed by JAGDISH KUMAR Date: 2021.08.27 15:43:38 IST Reason: O R D E R 2 Delay condoned.
These matters were sent for mediation before the Mediation Centre at Delhi High Court. Fortunately, the matters have been settled between the parties before the Mediation Centre and now an application (I.A. No. 87472 of 2021) has been filed with the following prayers:-
“a. Direct that the Settlement Agreement dated 22.07.2021 arrived between the parties in Mediation to be taken on record and accordingly disposed of:
(i) Dispose of present SLP bearing SLP No. 7518-7519 of 2018 titled as ‘Bull Machine Pvt. Ltd. vs. J.C. Bamford Excavators Ltd.
& Anr.’;
(ii) Dispose of SLP bearing Diary No.13878 of 2018 titled as ‘Bull Machine Pvt. Ltd. vs. J.C. Bamford Excavators Ltd. & Anr.’;
(iii) Dispose of Civil Suit being J.C. Bamford Excavators Limited & Anr. vs. Bull Machines Pvt. Ltd., (Original CS (OS) No. 2934 of 2011) (C.S (Comm.) No. 610 of 2018) before High Court of Delhi, filed by JCB and all proceedings, actions, and applications relating to these proceedings and any other applications which are the subject matter of the dispute;
(iv) Dispose of Appeal being Bull Machines Pvt. Ltd. vs. The Controller of Patents & Designs & Ors., AID 4 of 2017 before the High Court of Calcutta, challenging the Order of the Controller of Patents dated 30th January 2017 with respect to the JCB India’s Design Registrations bearing number 200017 (class 12-16);
(v) Dispose of Appeal being Bull Machines Pvt. Ltd. vs. The Controller of Patents & Designs & Ors. AID 5 of 2017 before the High Court of Calcutta, challenging the Order of the Controller of Patents dated 25th January, 2017 with respect to JCB India’s Design Registrations bearing number 200018 (class 12-16);
3(vi) Dispose of the CCI Proceedings being Bull Machines Pvt. Ltd. vs. JCB India Limited & Anr. Case No. 105 of 2013 pending before the CCI.” Learned counsel for the parties have jointly stated that with regard to the matter pending before the Competition Commission of India (for brevity ‘CCI’) being Case No.105 of 2013, two writ petitions i.e. W.P. (C) No.2244 of 2014 and W.P. (Crl.) No.1823 of 2016 are pending before the Delhi High Court.
Learned counsel for the parties prayed that in place of prayer No.(vi) in I.A. No.87472 of 2021 in SLP (C) Nos. 7518-7519 of 2018, the parties may be permitted to approach the High Court for early disposal of the aforesaid two writ petitions pending before the Delhi High Court.
In view of the above, the said settlement agreement dated 22.07.2021 is taken on record and these special leave petitions are disposed of and in the manner that in the above quoted prayers, we grant the prayers in Clauses no.(i), (ii), (iii),
(iv) and (v). With regard to the Clause No. (vi), we provide that the parties may approach the High Court for early disposal of the W.P. (C) No.2244 of 2014 and W.P. (Crl.) No.1823 of 2016, pending before the Delhi High Court and we hope and trust that the High Court will decide the same as expeditiously as possible.
Pending application(s), if any, stand disposed of accordingly.
(JAGDISH KUMAR) (PRADEEP KUMAR) (COURT MASTER (SH) (BRANCH OFFICER)