P.M. Diesel Ltd. Vs. Patel Field Marshall Industries - Court Judgment |
| Intellectual Property Rights |
| Delhi High Court |
| Aug-20-2008 |
| IA Nos. 2381/2000, 7387/1999, 13850/2006 in CS (OS) 1612/1989 |
| S. Ravindra Bhat, J. |
| 2008(38)PTC69(Del) |
| Trade and Merchandise Marks Act, 1958; Companies Act; Copyright Act, 1957 - Sections 62 and 62(2); Code of Civil Procedure (CPC) , 1908 - Order 7, Rules 10, 11 and 14 - Order 39, Rules 1 |
| P.M. Diesel Ltd. |
| Patel Field Marshall Industries |
| Sudir Chandra, Sr. Adv.,; R.K. Aggarwal and; Y.J. Jasani |
| Shailen Bhatia and ; Ekta, Advs. |
| Application allowed |
.....fifthly, it cannot be said that each and every injury sustained while availing of casual leave would entitle the victim to claim disability pension. sixthly, provisions treating casual leave as on duty would be relevant for deciding questions pertaining to pay or to the right of the authorities to curtail or cancel the leave. lastly, injury or death resulting from an activity not connected with military service would not justify and sustain a claim for disability pension. this is so regardless f whether the injury or death has occurred at the place of posting or during working hours. this is because attributability to military service is a factor which is required to be established......jhima kohli, j.august, 11, 2006.12. the defendant thereafter moved the present application, ia no. 13850/2006. the division bench made the following order, on 31-1-2008, (on an application of the plaintiff, for modification of its previous order, permitting the defendant to approach this court):31.01.2008present : mr. abhay nath, proxy counsel for the appellantmr. shailen bhatia with ms. amita kapur for the respondent.fao (os) no. 232/1999.counsel appearing for the parties state that the application, which is filed by the respondent seeking for a direction for return of the plaint, is coming up for consideration on 5th march, 2008. they state that this matter may be taken up for consideration after the said date. in terms of their prayer, this matter shall not be taken up till 7th march, 2008. chief justicereva khetrapal judge.january 31,2008the plaintiff's application was thereafter rejected, on 18-3-2008, by the division bench, in the following terms:p.m. diesels ltd., ....appellantthrough : nonevs.patel field marshal industries and anr. ....respondentsthrough : mr. shailen bhatia and ms. jaya verma, advocates,coramhon'ble the chief justicehon'ble ms. justice reva khetrapal
ORDER
11.08.2006
After some arguments learned Counsel appearing for the appellant seeks permission to withdraw this application with liberty to approach the learned single judge. Permission is granted. The application stands disposed of as withdrawn with liberty as prayed.
Records of the learned single judge shall be returned forthwith. The same shall be made available as and when the appeal is taken up for hearing. Dr. Mukundakam Sharma, J
Hima Kohli, J.
August, 11, 2006.
12. The defendant thereafter moved the present application, IA No. 13850/2006. The Division Bench made the following order, on 31-1-2008, (on an application of the plaintiff, for modification of its previous order, permitting the defendant to approach this Court):
31.01.2008
Present : Mr. Abhay Nath, Proxy Counsel for the appellant
Mr. Shailen Bhatia with Ms. Amita Kapur for the Respondent.
FAO (OS) No. 232/1999.
Counsel appearing for the parties state that the application, which is filed by the respondent seeking for a direction for return of the plaint, is coming up for consideration on 5th March, 2008. They state that this matter may be taken up for consideration after the said date. In terms of their prayer, this matter shall not be taken up till 7th March, 2008. Chief Justice
Reva Khetrapal Judge.
January 31,2008
The plaintiff's application was thereafter rejected, on 18-3-2008, by the Division Bench, in the following terms:
P.M. Diesels Ltd., ....AppellantThrough : NoneVs.Patel Field Marshal Industries and Anr. ....RespondentsThrough : Mr. Shailen Bhatia and Ms. Jaya Verma, Advocates,CORAMHon'ble The Chief JusticeHon'ble Ms. Justice Reva Khetrapal