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Supreme Court asks TVS Motor not to accept fresh orders for ‘Flame’

NEW DELHI: The Supreme Court on Friday asked TVS Motor company not to book further orders for its motorbike ‘Flame’ till January 29 but made it clear that it could execute the orders already received.

A Bench of Justice S. H. Kapadia and Justice B. Sudershan Reddy passed this order disposing of a special leave petition filed by Bajaj Auto Ltd. against an interim order passed by a Division Bench of the Madras High Court suspending a single judge’s interim direction restraining TVS Motor from booking orders for `Flame’. In its brief order, the Bench said “we are of the view that the Division Bench should not have interfered with the single judge’s order at the ad interim stage. We express no opinion on merits. No further bookings to be made from today till January 29.” The Bench, after hearing senior counsel C. A. Sundaram for Bajaj Auto and senior counsel K. Parasaran for TVS Motor, said that TVS Motor could execute the bookings already made. The Bench asked the parties to complete the pleadings in five days and directed the single judge to put up the case for hearing on January 29.

Initially on a suit filed by Bajaj Auto alleging that TVS Motor had infringed its patent rights by copying key features of its patented technology, a single judge had directed maintenance of `status quo’ on bookings for the new bike. However, on appeal from TVS Motor, a Division Bench had stayed the single judge’s order. The present SLP by Bajaj Auto is directed against this interim order. In its SLP, Bajaj Auto assailed the High Court’s interim order stating that it had obtained a patent titled `An Improved Internal Combustion Engine Working on Four Stroke Principle’ in July 2002.

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