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IN THE HIGH COURT OF DELHI AT NEW DELHI
Saurabh Banerjee
Kabushiki Kaisha Toyota Jidoshokki – Appellant
Versus
LMW Limited – Respondent
ORDER :
C.C. -------/2025 (to be numbered)
1. In the present suit, which has been instituted by the plaintiff qua the two patent numbers, being Indian Patent No. 244759 and Indian Patent No. 394883, granted on 20.12.2010 and 18.04.2022 respectively, though the defendant had been served on 07.10.2024 and the written statement was filed on its behalf on 07.01.2025, the present counter-claim has only been filed on 17.03.2025.
2. Be that as it may, the present counter-claim has been filed claiming the following reliefs:-
“a. Declare claims 1-6 of Patent No. 394883 as invalid, revoke the Patent No. 394883 and issue directions to remove the Patent No. 394883 from Register of Patents;
b. Declare claims 1-8 of Indian Patent No. 244759 as invalid, revoke the Indian Patent No. 244759 and issue directions to remove the Patent No. 244759 from Register of Patents;
c. Award the Cost of the present proceedings to the Counter-Claimant;
d. Pass any such further orders as this Hon'ble Court may consider appropriate 111 the facts and circumstances of the case.”
3. At the very outset, learned senior counsel for the plaintiff, opposes the issuance of summons in the present counter-claim on the ground that it i
The court upheld the issuance of summons for a counter-claim despite delays, affirming the defendant's right to amend pleadings and seek document discovery.
The mandatory period of 120 days for filing Written Statements applies to Counter-claims, and improper service of the Counter-claim prevents the limitation period from commencing.
Counter claims must be filed before the settlement of issues in a trial stage; filing after issues are settled is not maintainable.
The mandatory period of 120 days for filing Written Statements applies to Counter-claims, and improper service of the Counter-claim prevents the limitation period from commencing.
The court ruled that discretion is preserved in allowing plaintiffs to file written statements to counter-claims beyond the 90-day limit if permitted by the court.
The court has discretion under CPC provisions to allow extensions for filing replies to counter-claims, affirming flexibility over rigid limitations.
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