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2016 Supreme(Del) 2219

MANMOHAN SINGH
Telefonktiebolaget LM Ericsson (PUBL) – Appellant
Versus
Lava International Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. C.S. Vaidyanathan, Mr. Sandeep Sethi and Ms. Prathiba M. Singh, Sr. Advs. with Mr. Chander M. Lall, Ms. Saya Choudhary Kapur, Mr. Ashutosh Kumar, Ms. Meetali Agarwal, Ms. Sutapa Jana, Mr. Rohin Koolwal, Mr. Adithya Jayaraj, Mr. Devanshu Khanna & Mr. Nikhil Chawla, Advs.
Mr. A.S. Chandhiok, Sr. Adv. with Mr. Jayant Mehta, Mr. Ashok Aggarwal, Mr. Swapnil Gupta, Mr. Shwetank Tripathi & Ms. Shivambika Sinha, Advs.

JUDGMENT :

Manmohan Singh, J.

I.A. No. 5768/2015 (u/o XXXIX R.1 & 2 CPC, by plaintiff) and I.A. No. 16011/2015 (u/o XXXIX R.1 & 2 CPC, by defendant)

1. By this order, I propose to decide the abovementioned pending applications. Although in the main suit, the remaining evidence of the defendant is yet to be recorded. The plaintiff would also be given last opportunity to produce the rebuttal evidence, if so desired by the plaintiff. The abovementioned applications were argued by both the parties from time to time. Many times proposal of settlement was discussed. As the trial in the main suit was in progress, in order to strike balance at one stage, the defendant offered to deposit a sum of Rs.30 crores with the Registrar General of this Court without prejudice, if the injunction application is disposed of and direction for expediting the trial is issued, so that, ultimately in case the suit is decreed, the said amount be adjusted towards the royalty in terms of FRAND agreement. The said proposal was not acceptable to the plaintiff as the plaintiff was insisting at least for a sum








































































































































































































































































































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