KANISHK SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner no.1 is the patentee and petitioner no.2 is the assignee of the Patent No. 254875 dated October 11, 2021. They have challenged, in the present writ petition, an order of the Secretary, Government of India, Ministry of Road Transport and Highways whereby the representations of the petitioner no.1 has been turned down. The said order dealt with two representations of petitioner no.1 dated April 16, 2021 and June 16, 2021 respectively. The crux of petitioner no.1's request was that a linkage to the VAHAN e-Module for registration of electric vehicles be given to the petitioner no.1 for issuance of NOC (No Objection Certificate) prior to the issuance of registration. In the alternative, the petitioner no.1 sought that the Ministry of Road Transport and Highways collect for and pay the petitioner royalty for each registration so granted, withdrawal of all notifications issued on registration of electric vehicles by the said Ministry and to stop registration of all e-Rickshaws in compliance with the interim injunction granted in favour of the petitioner by the District Court.

(2.) Upon hearing the petitioners, appearing in person, and learned counsel appearing for the respondents, the moot question which arises for consideration in the writ petition is whether the petitioners are entitled to a patent linkage to the VAHAN e-Module for subjecting the registration of electric vehicles (in particular e-Rickshaws) for issuance of NOC by the petitioner, the patentee, prior to issuance of registration.

(3.) The petitioners argue that an injunction order had been passed initially in connection with a suit filed by the petitioner no.1, alleging infringement of his patent, by which the Additional District Judge, Thirteenth Court at Alipore had allowed an injunction application of the petitioner no.1, restraining the respondents therein, including the State of West Bengal, from repeating any infringement of the plaintiff's patent till disposal of the suit (Title Suit No.27 of 2018) and further restraining the respondents from registration of Battery Operated eco-friendly e-Rickshaws till the disposal of the suit. Subsequently, such order was modified to the extent that the respondents were directed to register Battery Operated eco-friendly eRickshaws in favour of the assignees of the petitioner no.1. A Special Leave Petition moved against the said order of the Additional District Judge was dismissed by the Supreme Court.