Mr.P.Radhakrishnan v. T.V.S.Motor Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 05TH DAY OF AUGUST 2019 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY C.S.NO.208 OF 2011

1. MR.P.RADHAKRISHNAN REP. BY HIS POWER OF ATTORNEY, MRS.LAKSHMI MUKILAN, M2/D, ANUGRAHA COLONY, 3RD AVENUE, ASHOK NAGAR, CHENNAI-83.

... Plaintiff Vs T.V.S.MOTOR COMPANY LIMITED, JAYALAKSHMI ESTATES, NO.29, HADDOWS ROAD, CHENNAI-600 006 ... Defendant This Civil Suit coming on this day before this court for hearing the court made the following order: This suit is listed under the caption for 'CASE MANAGEMENT HEARING' today.

2.

The learned counsel for the sole plaintiff and the learned counsel for sole defendant are before this Commercial Division.

3. Draft issues have been filed by both sides.

4. After examining the pleadings and the documents produced before this Court and on examination conducted by this Court under Rule II Order X Rule of Civil Procedure Code, this Court frames the following issues:- "1. Whether the plaintiff is having valid patent granted in his name in respect of the invention claimed?

2. Whether the suit is barred by limitation?

3.

Whether the plaint discloses a valid cause of action?

4. Whether the suit filed interalia under Section 114 of the Patents Act, 1970 is maintainable?

5. Whether the plaintiff has proved the defendant's engine is in infringement of the plaintiff's Indian Patent No.182682?

6. Whether the plaintiff's patent can be enforced through a permanent injunction in the absence of any economic significance and without the Patent being commercially worked?

7. Whether the plaintiff is entitled to claim damages and if so, to what amount?

8. To what other reliefs are the parties entitled? "

5. The learned counsel for plaintiff is directed to file the Proof Affidavit on or before 20.08.2019 and cross examine the witnesses of defendant's side on or before 20.09.2019.

6. The learned counsel appearing for the defendant has already filed proof affidavit. Therefore, the learned counsel for the plaintiff is directed to cross examine the witnesses of defendant side on or before 31.10.2019.

7. Both the parties are directed to file their written arguments on or before 12.11.2019.

8. The aforesaid time schedule shall be followed by the parties before the learned Additional Master IV scrupulously and learned Additional Master is directed to permit both the parties to cross-examine their respective witnesses on day to-day basis.

9. Registry is directed to post this matter before the learned Additional Master IV for carrying out aforesaid exercise and thereafter, list the matter before this Court for arguments on 25.11.2019.

Sd/-K.R.J.

05.08.2019 //Certified to be a true copy// Dated this the day of 2019. SU/19.08.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.