SUDHANSU JYOTI MUKHOPADHAYA, FAKKIR MOHAMED IBRAHIM KALIFULLA
TVS Motor Company Limited – Appellant
Versus
Bajaj Auto Limited – Respondent
(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
3. Franz Xaver Huemer Vs. New Yash Engineers AIR 1997 Del 79
118. Canadian General Electric Co. Ltd. Vs. Fada Radio Ltd AIR 1930 PC 1
4. Hindustan Lever Ltd. Vs. Godrej Soaps Limited and Ors AIR 1996 Cal 367
113. Bishwanath Prasad Radhey Shyam Vs. H.M.Industries AIR 1982 SC 1444
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