Bajaj loses its case before the Supreme Court
After being successful in its appeals before the Madras High Court, today TVS was again vindicated in its stance before the Supreme Court. The Supreme Court in a judgment pronounced today, in Special Leave Petitions filed by Bajaj Auto Limited against the Madras High Court order, held that TVS is entitled to sell its product "Flame" containing three valves and two spark plugs.
The Madras High Court had in its order passed in May in TVS' appeals allowed TVS' application for an interim injunction restraining Bajaj from in any way interfering with the manufacture and marketing of TVS' products using internal combustion engines with three valves and two spark plugs pending disposal of TVS' suit against Bajaj for unjustified threats of infringement.
The Supreme Court has directed TVS to maintain and file accounts of sales which shall be verified by a receiver to be appointed by the Madras High Court. Further the Court has directed that the suit before the Madras High Court be heard on a day to day basis on commencement after Dussehra vacations and that the hearing be concluded by 30 th November 2009.
TVS to produce Twin Spark Plug Flame
In the patent dispute between Bajaj Auto Limited v. TVS Motor Company Limited, the Supreme Court of India has allowed TVS to sell the twin spark plug TVS Flame by its order dated 16th September 2009.
The Company will take steps to obtain all necessary certifications required under law such as under the Central Motor Vehicles Rules, 1989, before commencing sales of twin spark plug TVS-Flame.
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