Mahindra Electric Mobility ... vs The State Of West Bengal & Ors
2022 Latest Caselaw 677 Cal

18.02.2022
sayandeep
Sl. No. 02
Ct. No. 05
                              WPA 2070 of 2022
                                   With
                             IA NO: CAN/1/2022

                          [Via Video Conference]

                   Mahindra Electric Mobility Limited & Ors.
                               -Versus-
                     The State of West Bengal & Ors.


             Mr. Ranjan Bachawat
             Mr. Rudraman Bhattacharyya
             Mr. Surojit Dasgupta
             Mr. Meghjit Mukherjee
             Mr. Vidhyaupadhyay
                                     ...... for the petitioners
             Mr. Kanishk Sinha
                                      ..... Applicant (in-person)
             Mr. Pantu deb Roy
             Mr. Pannalal Bandopadhyay
                                             ... for the State


                             In Re: CAN 01 of 2022


                     This is an application for impleading the

             applicant as a respondent in the writ petition and

for recalling and clarifying an order passed by this

Court on 16th February, 2022 in WPA 2070 of 2022.

According to the applicant appearing in-

person, the writ petition did not disclose an order

passed by a learned Single Judge of this Court by

which an order of injunction passed by the Court on

17th June, 2015 in G.A. 3378 of 2014 was revived by

a subsequent order of the learned Single Judge

dated 27th August, 2018. The applicant also places

an order passed by another learned Single Judge of

this Court on 12th March, 2020 in W.P No. 1581 (w)

of 2019 in which the applicant challenged the vires

of Section 64 of the Patents Act and the learned

Single Judge was pleased to dispose of the writ

petition giving liberty to the parties in the

infringement suit to take all points of law before the

Court. The applicant also places an order of the

Supreme Court dated 12th January, 2021 by which

a Special Leave Petition from the Learned Alipore

Court order was dismissed.

Learned counsel appearing for the writ

petitioner in whose favour the order of 16th

February, 2022 was passed, submits that the

petitioner was not a party to the proceedings before

the learned Alipore Court or in the infringement suit

filed by the applicant in this Court.

Upon hearing learned counsel, this Court is of

the view that since the order of injunction passed by

the learned Single Judge on 17th June, 2015 in G.A.

3378 of 2014 and the order vacating such injunction

dated 18th July, 2018 in G.A. 2786 of 2017 was

shown to the Court, there is no reason why the

subsequent order by which the order of injunction

was revived by the learned Single Judge on 27th

August, 2018 was not placed before the Court. The

array of counsel in the order dated 18th July, 2018

is the same as those in the order of 27th August,

2018 so it is inconceivable that the writ petitioner

was not aware of the order dated 27th August, 2018

at the time of placing the facts in the writ petition.

It is also not believable that the writ petitioner was

equally unaware of the order of the Supreme Court

which dismissed the SLP from the order of the

learned Alipore Court. The contention that the writ

petitioner was not a party to the proceedings before

the learned Single Judge in the infringement suits is

not acceptable simply because the other two orders

of the learned Single Judge were placed before the

Court. This Court is not satisfied with the assistance

received on the date on which the writ petition was

disposed of by the order dated 16th February, 2022.

Although, it appears from the order dated 16th

February, 2022 that this Court did not disturb the

order passed by the learned Alipore Court and the

subject matter in T.S. No. 27 of 2018 and directed

the registering authority to grant registration of the

petitioner's battery operated e-vehicles subject to the

condition that the petitioner's e-vehicles occupy

different and distinctive category from the subject

matter of the order passed by the learned Alipore

Court, the observations in the order are required to

be revisited in light of the facts shown to the Court

today.

In view of the above reasons, the order dated

16th February, 2022 is modified to the extent of the

observations contained therein with regard to the

order of injunction passed by the learned Judge in

C.S. 388 of 2014 being vacated by a Judgment and

order dated 18th July, 2018. The direction passed

on the registering authority is consequently modified

to the extent that the registering authority shall be

at liberty to consider all the relevant material with

regard to the pending proceedings in T.S. No. 27 of

2018 at the time of registration of the petitioner's e-

vehicles.

CAN 1 of 2022 is accordingly disposed of in

terms of prayer (b) as indicated above.

(Moushumi Bhattacharya, J.)