J.M. Malik, Presiding Member— This case has a chequered history, as the complaint was filed on 04.02.1994. This case also travelled to the Apex Court on an interim application. The Hon’ble Apex Court dismissed the Civil Appeal, on 13.03.2013. Previously, it remained pending before the Arbitrator, for a considerable time. The key question which swirls around the controversy is, “Whether the transaction in question, is ‘commercial’ ? If so, what is its effect?”.

2. The facts of the case are these. M/s. Rohit Chemical & Allied Industries Pvt. Ltd., the complainant is registered Private Limited Company at Village Sallewal, Tehsil, Nallahgarh, District Solan, Himachal Pradesh. The National Research Development Corporation, OP, has its office at New Delhi. The Regional Research Laboratory, Bhuvaneshwar, Odisha, developed a process for the manufacture of synthetic Iron Oxide, red and black, and other know-how given on the process. The full rights of the said invention were assigned to the OP Corporation by the said Laboratory. The complainant company approached the OP for the grant of licence of the above referred process to assess and invention. The OP Corporation agreed to grant li