Apex court allows TVS to sell ‘Flame’

TVS Motor Company Ltd. | Automobile Two & Three Wheelers | Automobiles | BSE: 532343 | NSE: TVSMOTOR

17 Sep 2009 Evaluate

In a breather to two-wheeler major TVS Motor Company, the Supreme Court on Wednesday permitted it to manufacture and sell its 125-cc ‘Flame’ model motorcycles that allegedly uses the so-called ‘twin-spark plugs’ technology for which Bajaj Auto claims to hold patent rights.

Without going into the merits of the case (that is, on whether there was an infringement of Bajaj’s patent rights by TVS), a Bench headed by Mr Justice Markandey Katju disposed of a petition filed by Bajaj — that alleged patent infringement by TVS — saying, “The respondent (TVS) is allowed to sell (the Flame model) till the pendency of the suit before the (Madras) High Court, but it shall maintain accurate records of its (Flame’s) sales all over the country.”

A Division Bench of the Madras High Court had earlier allowed TVS to deploy the twin-spark plugs technology for combustion in its motorbikes. Bajaj had appealed against this order before the apex court. Before that, a single judge Bench of the Madras High Court had, in its interim order, stopped TVS from manufacturing, making bookings, marketing and selling the model that uses the ‘twin-spark plug’ technology or DTSi, as alleged by Bajaj.

On Wednesday, the Supreme Court also sent the case back to the Madras High Court and directed TVS to file a written statement before the High Court before the Dussehra holiday begins. To expedite the case, the apex court directed the single judge Bench of the Madras High Court to decide the issue before November 30 by hearing on a daily basis without any adjournment.

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