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Delhi High Court - Orders

Technip E And C Limited vs The Controller Of Patents And Designs & ... on 13 April, 2023

Author: C. Hari Shankar

Bench: C.Hari Shankar

                    $~23
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +     W.P.(C)-IPD 20/2023
                          TECHNIP E AND C LIMITED                 ..... Petitioner
                                        Through: Mr. Hemant Singh, Mr. Sanuj
                                        Das, Mr. Siddhant Sharma and Mr. Abhay
                                        Tandon, Advs.

                                               versus

                          THE CONTROLLER OF PATENTS
                          AND DESIGNS & ANR.                  ..... Respondents
                                       Through: Mr. Asheesh Jain, CGSC with
                                       Mr. Gaurav Kumar, Adv.
                          CORAM:
                          HON'BLE MR. JUSTICE C.HARI SHANKAR
                                       ORDER

% 13.04.2023 CM APPL. 45/2023 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C)-IPD 20/2023

3. Mr. Asheesh Jain contests the maintainability of this petition citing, in support, the judgment dated 22nd December 2022 of a Division Bench of this Court in WP(C) 11136/2028 (Diebold Self Service Systems v. U.O.I. 1).

4. Mr. Hemant Singh cites, per contra, the judgment of a Coordinate Bench of this Court in WP(C)-IPD 5/2022 (European Union v. U.O.I. 2).

1

2022 SCC OnLine Del 4555 Signature Not Verified 2 2022 SCC OnLine Del 1793 Digitally Signed W.P.(C)-IPD 20/2023 Page 1 of 2 By:KAMLA RAWAT Signing Date:17.04.2023 13:27:57

5. In the circumstances, issue notice to show cause as to why rule nisi be not issued.

6. Notice is accepted on behalf of Respondents 1 and 2 by Mr. Asheesh Jain, learned CGSC.

7. Counter affidavit, if any, be filed within four weeks from today with advance copy to learned Counsel for the petitioner who may file rejoinder thereto, if any, within four weeks thereof.

8. Re-notify on 12th July 2023.

C. HARI SHANKAR, J.

APRIL 13, 2023 dsn Signature Not Verified Digitally Signed W.P.(C)-IPD 20/2023 Page 2 of 2 By:KAMLA RAWAT Signing Date:17.04.2023 13:27:57