P.M. Diesel Ltd. Vs. Patel Field Marshall Industries - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/704848 |
| Subject | Intellectual Property Rights |
| Court | Delhi High Court |
| Decided On | Aug-20-2008 |
| Case Number | IA Nos. 2381/2000, 7387/1999, 13850/2006 in CS (OS) 1612/1989 |
| Judge | S. Ravindra Bhat, J. |
| Reported in | 2008(38)PTC69(Del) |
| Acts | 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 |
| Appellant | P.M. Diesel Ltd. |
| Respondent | Patel Field Marshall Industries |
| Appellant Advocate | Sudir Chandra, Sr. Adv.,; R.K. Aggarwal and; Y.J. Jasani |
| Respondent Advocate | Shailen Bhatia and ; Ekta, Advs. |
| Disposition | Application allowed |
Excerpt:
- labour & services disability pension: [vikramajit sen, sanjiv khanna & s.l.bhayana,jj] army act (46 of 1950), section 192 & pension regulations for the army (1961), regulation. 173 claimant was on casual leave sustained injury which contributed to invalidation for military service claim for disability pension held, to claim disability pension by military personnel it requires to be established that the injury or fatality suffered by the concerned claimant bears a causal connection with military service. secondly, if this obligation exists so far as discharge from the armed force on the opinion of a medical board the obligation and responsibility a fortiori exists so far as injuries and fatalities suffered during casual leave are concerned. thirdly, as a natural corollary it is..........dr. mukundakam sharma, 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.....
Judgment: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