Bench:Sandeep Sharma
6 IP cases indexed. Covers other, patent matters.
Cases Presided Over
6 cases indexed | Page 1 of 1
State Of Himachal Pradesh & Anr v.M/S Ech Ess Builders
The State of Himachal Pradesh and another challenged the judgment dated 09.08.2024 of the District Judge, Kinnaur, which had dismissed objections under Section 34 of the Arbitration and Conciliation Act, 1996 against an arbitral award dated 05.12.2019 in a construction contract dispute with M/s Ech Ess Builders. The High Court held that since the dispute was a 'commercial dispute' under the Commercial Courts Act, 2015, and the District Judge was not designated as a commercial court at the time the objections were filed on 17.07.2020, the court lacked jurisdiction to entertain the dispute. The appeal was disposed of by setting aside the District Judge's judgment and directing return of the objections for presentation before the appropriate forum.
State of Himachal Pradesh & Ors v.Nitin Sonkhla
The State of Himachal Pradesh and others filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the District Judge's dismissal of their Section 34 objections against an arbitral award in favor of contractor Nitin Sonkhla. The dispute arose from a road construction contract that was rescinded after the contractor failed to complete the work within the stipulated time. The High Court set aside the District Judge's judgment on the ground that the District Judge was not designated as a 'commercial court' under Section 3 of the Commercial Courts Act, 2015 at the time of filing or adjudicating the objections, and therefore lacked jurisdiction to entertain the commercial dispute.
State Of Himachal Pradesh & Others v.Sh. Sanjeev Kumar Thakur
The State of Himachal Pradesh and others appealed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the District Judge Mandi's dismissal of objections under Section 34 against an arbitral award in a construction contract dispute. The High Court found that the District Judge lacked jurisdiction because it had not been designated as a 'commercial court' under Section 3 of the Commercial Courts Act, 2015 at the time of hearing the objections, as commercial courts at the district level were notified only on 13.5.2026. The appeal was disposed of by setting aside the impugned judgment and directing the District Judge to return the objections for presentation before the appropriate forum, with the limitation period being excluded.
SML Limited v.Mohan & Company &Anr.
The plaintiff, SML Limited, filed a suit seeking permanent prohibitory injunction against Mohan & Company &Anr. for infringing its agricultural composition patent (IN'092). The infringement was alleged through the sale and marketing of products under the brand name 'Aladdin'.
Boehringer Ingelheim International GmbH v.Nexkem Biotech Pvt. Ltd.
Boehringer Ingelheim filed a suit seeking permanent injunction against Nexkem Biotech for infringing its patent related to Empagliflozin. The defendants challenged the maintainability of the suit by arguing that pre-institution mediation under Section 12-A of the Commercial Courts Act was not exhausted, as there was no urgency. The court dismissed this objection, finding that the suit did contemplate urgent interim relief and noting the defendants' admission of infringement.
SML Limited v.M/s Happy Agro Chemicals
SML Limited filed a patent infringement suit against M/s Happy Agro Chemicals, alleging that the defendant's product 'SELZIC' infringes their patent rights under Indian Patent No.282092. The plaintiff sought an interim injunction to restrain the defendant from infringing their patent rights. However, the court dismissed the application due to lack of territorial jurisdiction. The court held that the alleged wrong was not committed within its territorial jurisdiction, and therefore, it had no jurisdiction to grant the interim injunction.
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