| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Suit / Counter Claim s.64 of Patents Act s.9 Or. 39 rr. 1 and 2 CPC |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
| Case(s) Referred | Referred Case 0 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Code of Civil Procedure, 1908: s.9 – Suit / Counter Claim – Adjudication – Procedure for – Suit seeking permanent injunction against defendants, restraining them from using their registered trade-mark in violation of the registered patent – Also sought temporary injunction by filing application u/Or. 39 rr. 1 and 2 of CPC – Defendants filed Written Statement as well as their Counter Claim seeking revocation of the patent u/s.64 of Patents Act – Single Judge of the High Court while deciding application for injunction observed that nature and extent of the patent claim was a matter to be examined after pleadings were complete and evidence adduced, which did not merit comments at the stage of interim injunction – Single Judge issued notice on the Counter Claim – Appeal by both the parties – Division Bench of High Court while allowing the Counter Claim of the defendants dismissed the claim of the plaintiffs as regards the patent – On appeal, held: Section 64 of Patents Act necessarily presupposes a valid consideration of the claims in the suit and the Counter Claim in accordance with law and not summary adjudication sans evidence, by abstract consideration – CPC provides a detailed procedure with regard to the manner in which a suit instituted u/s. 9, including Counter Claim has to be considered and adjudicated – Division Bench of High Court ought not to have examined the Counter Claim in a summary manner usurping the jurisdiction of Single Judge – Summary adjudication of a technically complex suit requiring expert evidence, that too at the stage of interim injunction, was neither desirable nor permissible – Division Bench ought to have confined itself to examination of the validity of the order of interim injunction – In the facts and circumstances of the case, nature of the injunction relief was in order and merits no interference during pendency of the suit – Matter remanded to Single Judge – Patents Act, 1970 – s. 3(j) and 64. |
| Judge | Hon'ble Mr. Justice Navin Sinha |
| Neutral Citation | 2019 INSC 35 |
| Petitioner | Monsanto Technology Llc Thru The Authorised Representative Ms. Natalia Voruz & Others |
| Respondent | Nuziveedu Seeds Ltd. Thru The Director & Others |
| SCR | [2019] 1 S.C.R. 145 |
| Judgement Date | 2019-01-08 |
| Case Number | 4616 |
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