Calcutta High Court (Appellete Side)
Kanishka Sinha & Anr vs The Union Of India & Ors on 19 July, 2022
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
19.07.2022 Ct. 5 D/L 11 ab WPA 15637 of 2022 Kanishka Sinha & Anr.
-Vs-
The Union of India & Ors.
Mr. Manishk Sinha, Ms. Lipika Das Sinha ... Petitioners in person Mr. Rudraman Bhattacharyya, Mr. Rahul Sarkar, Mr. Siddhant Srivatava, ... for the Union of India The petitioners, appearing in person, seeks a direction on the Deputy Director General (VAHAN), National Informatics Centre to grant linkage to the petitioners' software with Vehicle Registration and Homogation System described in prayer (b) of the writ petition. The petitioner No. 1 was granted a patent for the invention in respect to which linkage is being prayed for. The patent was granted to the petitioner no. 1 on 28th December, 2012.
The petitioners rely on a judgment of a coordinate Bench of 27th April, 2022, which was disposed of by recording that the petitioners have to take legal recourse for the remedies as provided under The Patents Act, 1970 and other allied legislation. The said 2 order was not interfered with by the Division in the order of 4th May, 2022. The Division Bench, however, granted liberty to the petitioners (appellants before the Court) to approach the Competent Authority with a prayer for grant of compensation and directed the Competent Authority to take a decision in accordance with law, preferably within a period of two months from the date of receipt of the representation.
The Union of India is represented. The petitioners submit that the order passed by the Division Bench dated 4th May, 2022 was communicated to the Competent Authority by mail on 7th May, 2022. Besides the aforesaid, the order of the Additional District Judge, 13th Court, Alipore dated 4th June, 2022 has already been placed before this Court permitting the petitioners to withdraw the Misc. Case on the ground that the parties hsve amicably settled the matter. The Secretary, Road Transport and Highways also put an endorsement of the matter being settled on the express undertaking of the parties to comply with paragraph 3 of the settlement petition within a week from the date of settlement.
Paragraph 3 of the settlement petition specifically records that the petitioners are ready to settle the dispute provided the alleged contemnors are ready to stop facilitating registration of all electric vehicles as per 3 the order of this Court and the order of the Alipore Court.
Considering all the documents and subject to the Competent Authority receiving the representation on 7th May, 2022, as stated above, WPA 15637 of 2022 is disposed of with a direction on the Competent Authority to consider the representation of the petitioners and grant leave thereon strictly under the provisions of the appropriate legislation within a period of three weeks, as prayed for. The settlement and the endorsement of the Competent Authority make it clear that the Competent Authority undertook to grant a registration as per the settlement petition.
( Moushumi Bhattacharya, J.)