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2001 Supreme(Guj) 232

Gujarat High Court
Judgename :M.C.PATEL, R.K.Abichandani
SATISH MAGANLAL VORA - Appellant
Versus
UNION OF INDIA - Respondent
L.P.A. 44 of 2001
Decided On : 04/10/2001

Advocates Appeared: B.D.KARIA, D.S.CHANDANANI, G.N.SHAH, M.R.SHAH, MINU A.SHAH, U.A.TRIVEDI

Headnote:Letters Patent Appeal -Validity of Clause 3(v) of Motor Spirit and High Speed Diesel Order, 1998 questioned -Declaration sought that `Patrex a new invention is not covered by Essential Commodities Act, 1955 (Central Act 10 of 1955) -Direction for respondent authorities sought for supplying Neptha for production of Patrex -Held, in view of definition of petroleum, alcohol mixed with Hydrocarbons and homogenising additives will be a petroleum -It is erroneous and dodging the statutory meaning of petroleum to say that Patrex is not a petroleum -Sec. 3(1) of Essential Commodities Act and impugned Order of 1998 tackling petroleum products other than Motor spirit and High Speed Diesel that may be invented are valid -Patrex is not invention within the meaning of Sec. 3 of Patents Act -Court agrees with the reasoning and conclusion of learned Single Judge.

       Petroleum as defined in the Petroleum Act, which definition is incorporated by reference made in the impugned order of 1998, would mean any liquid hydrocarbon or mixture of hydrocarbons, and any inflammable mixture (liquid, viscous or solid) containing any liquid hydrocarbon. This means, whatever components of the inflammable mixture may be, but if it also contains any liquid hydrocarbon, it will fall within the definition of `petroleum. Thus, the contention that when alcohol which according to the appellant is not a hydrocarbon, is mixed with hydrocarbons and his secret additives, the product of the appellant will not be petroleum as defined, is erroneous in context of the statutory definition of `petroleum. To say that the so called `invented product `Patrex is not petroleum while admitting that it contains hydrocarbon liquid and alcohol (which is declared as dangerously inflammable substance under Sec. 30 of the Petroleum Act, 1934 and under Sec. 3 of the Inflammable Substances Act, 1952), is nothing short of dodging the statutory meaning of the word `petroleum.

       [Para 15]

       What is not an invention for the purpose of patents law cannot be consecrated as an invention by the Court. Otherwise, what the law denounces so very specifically by stating that an invention the use of which would be contrary to law, is not an invention, will get anointed by Court process and gain legitimacy. It is not the Courts function to legalise what a valid law expressly shuns and thereby to violate it own oath. Thus, any inflammable mixture that contains hydrocarbon meant to be used in spark ignition engines or compression ignition engines which is not motor spirit or high speed diesel of the specified Indian Standards Specifications and as per the requirements mentioned in Schedule I of the impugned Order of 1998 cannot be sold under the garb of an invented commodity. An invention is a new method, an instrument or device which is created by thought, one for which a patent can be granted. Invention cannot be understood in the sense of concoction of a false story, invented to circumvent the statutory provisions enacted to ensure supply and distribution of fuel of the standards specified in public interest for use in such ignition engines.

       [Para 18.1]

R. K. ABICHANDANI, J.

( 1 ) ). THESE two appeals arise out of judgment and order of the learned single Judge dated 1st April, 2000 in Special Civil Application no. 5981 of 1999 with Special Civil Application No. 1365 of 2000 and Special civil Application No. 9076 of 2000 (Satish Maganlal Vora v. Union of India, reported in 2001 (3) GLR 2173), rejecting these writ petitions. Both the appeals have been argued together fully and finally by both the sides since they involved common questions and are filed by the same appellant, who had filed these petitions.

( 2 ) ). In Special Civil Application No. 5981 of 1999, the appellant had challenged the validity of the Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998 (hereinafter referred to as the impugned Order of 1998) and seeking a declaration that the petitioners product "patrex" was not covered by the Essential commodities Act, 1955 (hereinafter referred to as the Act) and impugned Order of 1998. The appellant also challenged the order dated 3rd June, 1999, at annexure k to that petition passed by the District Supply Officer seizing the goods detailed in the order namely, Patrex branded motor fuel, Methanol, hydrocarbon, Acetone, mixed raw material etc. The appellant also challenged the order dated 25-10-1999, at Annexure l (l) to that petition made under sec. 6-A of the said Act, confirming the order of the District Supply officer and directing that the seized stock of the petitioners proprietary concern m/s. Sonar Petrochem valued at Rs. 10,80,521-00 be confiscated. 2. 1 In Special Civil Application No. 1365 of 2000 which was decided along with Special Civil Application No. 5981 of 1999, from which matters the Letters patent Appeal No. 44 of 2001 has arisen, the appellant while challenging the validity of the impugned Order of 1998 on the ground that it was ultra vires the provisions of the Essential Commodities Act, 1955, also sought for a direction on the respondents to allot to him a monthly quota of 500 M. T. of Naphtha for manufacture of its product patrex as prayed in his letter dated 5-2-2000 at Annexure m to that petition. He also claimed damages to the tune of Rs. 5,00,000-00 for the alleged mental torture and agony to him by the impugned action of the respondents. 2. 2 In Special Civil Application No. 9076 of 2000 from which the Letters patent Appeal No. 692 of 2000 arises (in the title of which writ petition, the appellant had also mentioned Special Civil Application No. 5981 of 1999, Special civil Application No. 1365 of 2000 and Special Civil Application No. 1326 of 1998 perhaps because of the overlapping nature of all the petitions, the appellant challenged the seizure order passed by the respondents on 25-2-2000 dated 5-4-2000 and 27-4-2000 at Annexure k collectively to that petition and the confiscation order as per Annexure l to that petition. A declaration was also sought that the impugned Order of 1998 as well as "solvent Raffinate and slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Order, 2000 (Annexure m to that petition), and again "naphtha (Acquisitions, Sale, storage and Prevention of Use in Automobile) Order, 2000 (Annexure n to that petition) were all ultra vires the provisions of Secs. 3 and 7 of the said act. A direction was sought on the respondents authority to supply to the appellant 5000 Kilo Litres of Naphtha per month for manufacture of his product patrex.

( 3 ) ). The case of the appellant as reflected from his petition (Special Civil application No. 5981 of 1999) is that he is the Managing Director of M/s. Patrex Fuels India Ltd. and a sole proprietor of M/s Sonar Petrochem, and that he had invented a product by mixing Hydrocarbon liquid like Naphtha, methyl Alcohol and additives (trade secret ). According to him, patrex served the purpose of providing motive power to petrol driven vehicles and the same can be used as substitute to normal ordinary petrol s






















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