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2009 Supreme(Mad) 1577

SUDHANSU JYOTI MUKHOPADHAYA, FAKKIR MOHAMED IBRAHIM KALIFULLA
TVS Motor Company Limited – Appellant
Versus
Bajaj Auto Limited – Respondent


Advocates Appeared:
For the Appellant:A.L. Somayaji, P.S. Raman, Senior Counsel for M/s. T.K. Bhaskar, Advocate.
For the Respondent:C.A. Sundaram, Senior Counsel for M/s. A.A. Mohan, Advocate.

Judgment :-

(F.M. Ibrahim Kalifulla, J. )

1. O.S.A. No.91 of 2008 has been filed by the Appellant as against the fair and decreetal order dated 16.02.2008, passed in O.A.No.1272 of 2007 in C.S.No.979 of 2007, in and by which, the Appellants application for an order of interim injunction restraining the Respondent herein from in any way interfering with the manufacturing and marketing of the Appellants products using Internal Combustion (IC) engine with 3 valves and 2 spark plugs pending the disposal of C.S.No.979 of 2007 was rejected.

2. O.S.A. No.92 of 2008 has also been filed by the same Appellant challenging the order dated 16.02.2008, passed in O.A.No.1357 of 2007, in C.S.No.1111 of 2007, wherein, the Respondents prayer for an ad-interim injunction restraining the Appellant herein from in any manner infringing the Respondents Patent No.195904 and/or from using the technology/invention described in the said Patent No.195904 and/or from manufacturing, marketing etc., for sale or exporting 2/3 wheelers, including the proposed 125 cc FLAME motorcycle containing an Internal Combustion engine or products which would infringe the Respondents Patent No.195904 pending disposal of C.S.No

























































































































































































































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