Back
SANJAY KUMAR, ALOK ARADHE
Novenco Building And Industry A/S – Appellant
Versus
Xero Energy Engineering Solutions Private Ltd. – Respondent
JUDGMENT
ALOK ARADHE, J.
Leave granted.
2. The appeal calls for determination of the expression ‘contemplates any urgent interim relief’ in Section 12A of the Commercial Courts Act, 2015 (hereinafter, referred to as ‘the Act’) in its application to an action for infringement of intellectual property rights.
3. This appeal is directed against the judgment dated 13.11.2024 in Commercial Appeal No. 1 of 2024 passed by Division Bench of the High Court of Himachal Pradesh, by which it has dismissed the appeal of the appellant and has affirmed the order dated 28.08.2024 in Commercial Suit No. 13 of 2024 by a learned Single Judge, rejecting the plaint of the appellant for non-compliance with Section 12A of the Act.
FACTUAL MATRIX:-
4. Facts giving rise to filing of this appeal can be summarised as under :-
The appellant is a Danish company incorporated under the laws of Denmark. The appellant is engaged in manufacture of highly efficient industrial fans, marketed under the Brand ‘Novenco ZerAx’. According to the appellant, the said brand was developed after an investment of approximately 3.66 million euros between 2007 and 2015. The appellant secured several patents and design registrations to
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
