Search Results Page
Search Results
1 - 10 of 17 (0.34 seconds)THE COMMERCIAL COURTS ACT, 2015
Dahiben vs Arvindbhai Kalyanji Bhanusali (Gajra) ... on 9 July, 2020
Nothing has been
pointed out as to how the Plaint when read as it is does not disclose a
cause of action. The entire basis of seeking rejection of the Plaint in the
facts of the present case is to, infact look beyond the Plaint and not at the
Plaint itself. This clearly and plainly falls outside the limited ambit of
Order VII Rule 11. Hence, the Defendant's reliance upon the decisions in
the case of T. Arivandandam v. T.V. Satyapal & Anr and Dahiben v.
Arvindbhai Kalyanji Bhanusali do not apply to the facts of the present
case.
T. Arivandandam vs T. V. Satyapal & Another on 14 October, 1977
Nothing has been
pointed out as to how the Plaint when read as it is does not disclose a
cause of action. The entire basis of seeking rejection of the Plaint in the
facts of the present case is to, infact look beyond the Plaint and not at the
Plaint itself. This clearly and plainly falls outside the limited ambit of
Order VII Rule 11. Hence, the Defendant's reliance upon the decisions in
the case of T. Arivandandam v. T.V. Satyapal & Anr and Dahiben v.
Arvindbhai Kalyanji Bhanusali do not apply to the facts of the present
case.
Section 67 in The Patents Act, 1970 [Entire Act]
Badrinath vs Government Of Tamil Nadu And Ors. on 29 September, 2000
Meera Jadhav
::: Uploaded on - 09/05/2026 ::: Downloaded on - 16/05/2026 01:29:40 :::
6-NMCD-1604-2019
B. While it is undoubtedly correct that the second order records "the
invention was known, that there is neither any novelty nor any
inventive step", the second order is entirely bereft of any independent
reasoning to support such finding. Also, and crucially, the IPAB has,
in both the subsequent orders of revocation specifically granted the
Plaintiff, the liberty to challenge the said orders, depending upon the
outcome of the Writ Petitions by which the Plaintiff had impugned the
First Order. Therefore, in my view, for the reasons set out in paragraph
(A), it is clear that the second and third orders were premised entirely
upon the First Order. Hence, I find that the Plaintiff's reliance upon
the decision of the Hon'ble Supreme Court in the case of Badrinath v.
Government of Tamil Nadu to be entirely apposite, and the said
discussion would squarely apply to the facts of the present case.
C. I also find much merit in the Plaintiff's contention that the subsequent
orders of revocation were never given effect to. This is apparent from
the fact that the said Patents have been renewed and shown as being
'in force' in the e-Register since the year 2013. Furthermore, if the
27
Meera Jadhav
::: Uploaded on - 09/05/2026 ::: Downloaded on - 16/05/2026 01:29:40 :::
6-NMCD-1604-2019
subsequent orders, or either of them, had been enforced, the IPAB
would have, as per the provisions of Section 117D(2) of the Patents
Act, communicated the subsequent orders of revocation to the
Controller of the Patents. Clearly this has not been done since, as
already noted above, the renewal fees have been accepted, and the said
Patents show as being in force. The record also bears out that the
validity of the said patents has been extended without any
qualification as under the provisions of Section 67(1)(c) of the Patents
Act. This would not have been so had the subsequent orders been
given effect to.
Syrma Technology Private Limited vs Powerwave Technologies Sweden Ab (In ... on 25 March, 2021
G. Also for the reasons set out in (D), (E) and (F) above, I find much
merit in the Plaintiffs' reliance upon the decision in the case of
30
Meera Jadhav
::: Uploaded on - 09/05/2026 ::: Downloaded on - 16/05/2026 01:29:40 :::
6-NMCD-1604-2019
Ambalal Sarabhi Enterprises Limited v. K.S. Interface LLP and
Anr.11 and Syrma Technology Pvt. Ltd. v. Powerwave Technologies
Sweden12, and the submission that the Defendants' conduct has been to
defeat the very provisions of Order XIII-A. The provision of Order
XIII-A was introduced for the expeditious disposal of Suits so as to
streamline the judicial process and to ensure the smooth flow of the
same with respect to commercial disputes. The Defendants have
clearly misused the provisions of Order XIII-A to defeat the scheme of
the Commercial Courts Act, 2015, as already noted.
H. Also, it cannot be lost sight of that this Court vide order dated 3rd
September, 2015, had set aside the first order and remanded the matter
back to the IPAB for consideration afresh. Thus, the IPAB was to
determine the issue of revocation of the said patents. This inquiry is,
admittedly, pending determination, and therefore for this Court to, at
this stage in a summary manner, allow the captioned Notices of
11
(2020) 15 SCC 585.
Krishnadevi Malchand Kamathia & Ors vs Bombay Enviornmental Action Group.& ... on 31 January, 2011
In
8
Meera Jadhav
::: Uploaded on - 09/05/2026 ::: Downloaded on - 16/05/2026 01:29:40 :::
6-NMCD-1604-2019
support of his contention, he placed reliance upon the decisions of the
Hon'ble Supreme Court in the case of Anita International v.
Tungabhadra Sugar Works Mazdoor Sangh1, and Krishnadevi Malchand
Kamathia v. Bombay Environmental Action Group2 .
Dr. (Miss) Snehlata Gupte vs Union Of India & Ors. on 15 July, 2010
In support of his
contention that the renewal of a patent is purely a ministerial act, he placed
reliance upon the decision of the Delhi High Court in the case of Dr. (Ms.)
Snehlata C. Gupte v. Union of India & Ors3 and Sugen Inc. & Ors. v. A.
Rao & Anr.4
Sugen Inc. & Ors. vs A. Rao & Anr. on 19 March, 2013
In support of his
contention that the renewal of a patent is purely a ministerial act, he placed
reliance upon the decision of the Delhi High Court in the case of Dr. (Ms.)
Snehlata C. Gupte v. Union of India & Ors3 and Sugen Inc. & Ors. v. A.
Rao & Anr.4