JASPER MOTORS PRIVATE LIMITED AND ANOTHER Vs. PROPRIETOR, BASANTEE BATTERY OPERATED RICKSHAW AND OTHERS

JUDGEMENT

(1.) This is an application by DYS Impex Private Limited for leave to intervene and for recalling of the order dated 17th June, 2015 passed in G.A.3378 of 2014. The applicant is defendant no.2. In a suit for infringement of patent an order of injunction was passed on 17th June, 2015 in relation to the patent of the plaintiff. The applicant claims to be a manufacturer of battery operated electric cycle rickshaws, cargo vehicles and their spares which are sold under the word mark "Basantee" and device "Basantee Eco Drive".

(2.) The grounds for recalling of the order are primarily on the grounds mentioned in Section 64 of the Patents Act. The said Section enumerates grounds by which a patent can be revoked. The grounds for revocation in the instant matter are:

(3.) The petitioner refers to a literature published in Wikipedia. At the time of argument this literature was not relied upon. Apart from the aforesaid, the petitioner has relied upon an article published in 1999 and technical bulletin of Duracell, to demonstrate that the patent is an exact replica of what is described as reaction formula in Page 18 of Annexure I, and what is claimed in claim 1 of Annexure J, in as much as figure 2.11 of Page 2 of the Bulletin of Duracell, would make it clear that this figure has been copied as figure 4 in the patent.