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1997 Supreme(Del) 496

A.D.SINGH
NATIONAL RESEARCH DEVELOPMENT CORPORATION OF INDIA – Appellant
Versus
SILICON CERAMICS LIMITED – Respondent


Advocates Appeared:
N.S.Safaya, P.N.Bhardwaj, SUSHMA AMBARDOR

Anil Dev Singh, J:

( 1 ) THE petitioner is a Public Undertaking which is authorised to grant licences for use of the inventions, know-hows, expertise etc. developed by different Central Government laboratories, including Central Electronics Engineering Research Institute (for short `ceeri ), Pilani. The respondent is a company incorporated under the Indian Companies Act and is manufacturing semi-conductor packages. The petitioner granted licence to the respondent to use the process developed by CEERI for manufacture of "to-5, TO-18, etc. " semi-conductor packages vide licence agreement dated 23rd February, 1972 (for short `the agreement ). It was agreed by the respondent to pay royalty to the petitioner at the rate of 3 per cent of the sale price of the semi-conductor packages manufactured by it. The royalty was to be paid by the 1st day of May and 1st day of November of every calendar year. The agreement postulated levy of interest in case of failure to pay royalty on due dates. The agreement also provided for filing of returns by the respondent with the petitioner. It is the case of the petitioner that the respondent failed to file the returns and to pay the royalty as per the t









































































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