Supreme Court of India
UNITED BIOTECH PRIVATE LIMITED versus ORCHID CHEMICALS AND PHARMACEUTICALS LIMITED AND ORS. on 17 January 2018
960
[2018] 6 S.C.R. 960
SUPREME COURT REPORTS
[2018] 6 S.C.R.
AUNITED BIOTECH PRIVATE LIMITED
v.
ORCHID CHEMICALS AND PHARMACEUTICALS LIMITEDAND ORS.
(M. A. No. 1764 of 2017)
B
In
(Civil Appeal Nos. 19938 of 2017)
JANUARY 17, 2018
C[RANJAN GOGOI AND NAVIN SINHA, JJ.]
Trade and Merchandise Marks Act, 1958 – ss. 46/56 and ss.111/107 – Judgment dated 29-11-17 in Patel Field Marshal Agenciesand Anr. versus P.M. Diesels Ltd. and Anr. [Civil Appeal Nos.4767-4769 of 2001 with C. A. Nos. 19937 & 19938 of 2017 andDSLP (C) No. 30121 of 2012] as modified in terms of instant orderdated 17-01-18, reported in [2017] 12 S.C.R. 674 – Full text of theorder dated 17-01-18 now reported.
CIVIL APPELLATE JURISDICTION: M. A. No. 1764 of 2017in Civil Appeal No. 19938 of 2017.
E
From the Judgment and Order dated 18.05.2012 of the High Courtof Delhi at New Delhi in L. P. A. No. 679 of 2011.
J. Sai Deepak, Bharadwaj Jaishankar, Mohit Goel, Sidhant Goel,Ashutosh Nagar, P. D. V. Srikar, Deepankar Mishra, Mishra Saurabh,Advs. for the Appellant.
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Gladys Daniels, S. Santanam, Swaminadhan, Ms. Aarthi Rajan,Advs. for the Respondents.
The following Order of the Court was passed:
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1. Upon hearing the learned counsel for the applicant, the judgmentof this Court dated 29[th] November, 2017 passed in Civil Appeal Nos.4767-4769 of 2011 and other connected matters is modified in the followingterms.
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(i) In paragraph 13, the words “The arguments advanced on behalfof the appellants in the appeals” shall be substituted by the words “Thearguments advanced on behalf of the appellants in Civil Appeal Nos.4767-4769 of 2001 and respondents in the appeal arising out of Special LeavePetition (Civil) No.27309 of 2012”.
(ii) In paragraph 14, the words “In reply, on behalf of therespondent”, shall be substituted by the words “In reply, on behalf of therespondents in Civil Appeal Nos.4767-4769 of 2001 and appellant in theappeal arising out of Special Leave Petition (Civil) No.27309 of 2012”.
(iii) Paragraph 37 shall read as under:
37. In the light of the above while answering the question arisingin the manner indicated above, we dismiss Civil Appeal Nos.4767-4679 of 2001 and Civil Appeal arising out of Special Leave Petition(Civil) No.1851 of 2009 and allow the civil appeal arising out ofSpecial Leave Petition (Civil) No. 27309 of 2012.
2. The application is allowed in the above terms.
Kalpana K. Tripathy
Application allowed.
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