defendants/petitioners herein from encashing the conditional and revocable Bank Guarantee No.KE31BGF143240003 dated 20.11.2014 for a sum of Rs.25,00,000/- (Rupees ... defendants/petitioners herein from encashing the conditional and revocable Bank Guarantee No.KE31BGF143240003 dated 20.11.2014 for a sum of Rs.25,00,000/- (Rupees
Bank
guarantee comes, the Court should slow in restraining the
revocation of Bank guarantee till prima facie case is
established by the plaintiff before ... Court before restraining
the revocation of Bank Guarantee. In support of this
submission, he has replied upon following judgements :
(i) In the case of General
scheduled, but suddenly the contract has been cancelled and the
bank-guarantee revoked. It is submitted that this is an arbitrary
action of the respondents ... file a comprehensive counter affidavit.
Till further orders, the revocation of bank guarantee
would not be insisted upon by the State.
It would be better
been issued by the Commissioner ordering revocation of appellants licence and forfeiture of whole amount of bank guarantee furnished by the appellant.
Appeal ... find the forfeiture of bank guarantee of Rs.50,000/- will be sufficient penalty. This case does not warrant revocation of CHA licence itself. Accordingly
granted in this case, its validity cannot be presumed. The Act envisages
revocation of patents based on subsequent opposition, and the patentee
cannot claim immunity ... opposition, does not guarantee the validity of the patent, which
can be challenged before the High Court on various grounds
in revocation or infringement proceedings
opposition does not guarantee validity of the
patent; it can be challenged before the High Court on various grounds
in revocation or infringement proceedings
2003-CHAL dated 21.08.2012 passed by the Commissioner of Customs, Tuticorin, revocation of the license issued and forfeiture of the security deposit ... amount of RS. 75 Lakhs towards duty and submitted a bank guarantee of Rs. 33,80,000/- which has already been encashed by the department
required to be shown by a defendant to prove obviousness in a
revocation inquiry :
a. The selection of the impugned invention is taken from ... possibility of the
desired result by a methyl/ethynyl substitution but no guarantee). On the
latter issue, the learned Single Judge has held that
April, 2015
Soumen Sen, J.:- The defendant has filed an application for revocation
of the leave under Clause 12 of the Letters Patent.
The basis ... plaint that the
defendant No.1 has invoked the bank guarantee is not a material fact
which can be taken in the consideration
when directed to do
so.
iv) The petitioner shall furnish a bank guarantee
for a sum of Rs.2,00,000/- in favour ... conditions the respondents are at liberty to
15
approach this Court for revocation of this
order.
The above petition is ordered accordingly.
Sd/-
JUDGE
