Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. v. Union Of India And 3 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION [L] NO.1735 OF 2016 SERGI Transformer Explosion Prevention Technologies Private Limited .... Petitioner Vs.

Union of India & Others .... Respondents WITH NOTICE OF MOTION [L] NO.472 OF 2016 IN WRIT PETITION [L] NO.1735 OF 2016 SERGI Transformer Explosion Prevention Technologies Private Limited .... Applicant In the matter between SERGI Transformer Explosion Prevention Technologies Private Limited .... Petitioner Vs.

Union of India & Others .... Respondents Mr. Prasad Dani, Senior Counsel with Mr. Jehangir Jejeebhoy & Mr. Aditya Sikka i/by M/s. Bharucha & Partners for the Applicant/Petitioner.

Mr. A.R. Singh with Ms Vaishali Chaudhari for the Respondent No.1.

Mr. Ravi Kadam, Senior Counsel with Mr. Himanshu Kane, Mr. Vishal Kanade, Mr. Rohan Kadam, Mr. Amit Jajoo & Ms Anaisha Zacharian i/by M/s. PKA Advocates for the Respondent No.4.

CORAM: S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : JULY 05, 2016 P.C:

1.

Heard Mr. Dani, learned Senior Counsel appearing on behalf of the petitioner. With his assistance, we have perused the petition and all the annexures thereto.

2.

Upon perusal of the paper-book, we are of the opinion that the order under challenge is interlocutory. In the event the final order in the proceedings is in any way adverse to the interest of the petitioner, then, while challenging it, it would be open for the petitioner to also impugn the direction in the order dated 6-6-2016. All contentions in relation thereto of both sides, including based on the grounds in the petition, are kept open. The writ petition is disposed of.

3.

We extend the time to dispose of the proceedings before the Controller of Patents and Designs by 31-8-2016.

4.

In view of disposal of the writ petition, the Notice of Motion {L} No.472 of 2016 does not survive and it accordingly stands disposed of.

(DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C. DHARMADHIKARI, J.)