TVS MOTOR COMPANY LIMITED Vs. BAJAJ AUTO LIMITED

JUDGEMENT

(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 Appellant's application for an order of interim injunction restraining the Respondent herein from in any way interfering with the manufacturing and marketing of the Appellant's 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 Respondent's prayer for an ad-interim injunction restraining the Appellant herein from in any manner infringing the Respondent's 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 Respondent's Patent No.195904 pending disposal of C.S.No.1111 of 2007 was granted.

(3.) IN the suit in C.S.No.1111 of 2007, the Respondent has sought for a permanent injunction to restrain the Appellant from causing any infringement to Patent No.195904 and/or from using the technology / invention described in the said patent in 2/3 wheelers including the proposed 125 cc 'FLAME' motorcycle of the Appellant. They further prayed for a preliminary decree for rendering accounts of profits of the Appellant in the sale of 125 cc 'FLAME' motorcycle and a sum of Rs.10,50,000/- as damages for infringement of Patent No.195904. The last part of the prayer is for destruction of all the infringing copies and articles including vehicles containing engines that infringes Patent No.195904.