HC admits TVS' appeal against single bench order

Chennai, Feb 28 (UNI) Madras High Court today admitted an appeal petition filed by TVS Motor Company, challenging the single judge order restraining it from manufacturing and selling 125 cc motorcycles, applying the technology described in the patent granted to Bajaj Auto Ltd.

The Division Bench, comprising Justice S J Mukhopadhaya and Justice M Venugopal, ordered notice to Bajaj Auto Ltd and posted the case to March 13 for the final hearing.

In its appeal, the TVS company submitted that the single judge order, which restrained it from manufacturing and selling Flame-125 motorcycles, was contrary to the law and weight of evidence.

TVS contended that the impugned order of the single judge (Mr Justice P Jyothimani) could not be sustained in law as it had rendered the provision of Section 13 (4) of the Patent Act, 1970, overlooking the fact that the Bajaj company had failed to satisfy the infringement test.

TVS prayed to the court to set aside the single judge order.

UNI XR JJ RL RN1423