B.GOEL
KITECHNOLOGY NV – Appellant
Versus
UNICOR GMBH RAHN PLASTMASCHINEN – Respondent
( 1 ) BY this order, petitioners application under Section 9 of the Arbitration and Conciliation Act 1996 (for short "the Act") and two applications IA No. 8138/97 and 8138-A/97 of the respondents are being disposed of.
( 2 ) BRIEFLY, the facts are that Kitechnology B. V. of Netherlands (KBV), Kitechnology International Corp. of Liberia (KIC), Kitechnology Holdings N. V. of Netherlands (KNV), Kitechnology (UK) Limited of London (KUK), SP Verbundrohr Gmbh (SPVG) and their subsidiaries and associates (hereinafter called the "kitec Group") had developed and owned patent rights in a system relating to the production of the product, namely, Multi-layered Composite Pipes (MLCP), Fittings for use with MLCP and related equipments for the manufacture of MLCP (called the "kitec process" ). Kitec group had granted licences to third parties to use the Kitec process for the manufacture and distribute/sale of MLCP in various territories the world over.
( 3 ) ANOTHER group of companies, namely, Unicor Rohrsysteme Gmbh of Germany (URS), Unicor Gmbh Rahn Plastmaschinen of Germany (Plastmaschinen) and their associates etc. (for short "the UNICOR Group") of Germany had also developed s
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