IN THE HIGH COURT OF DELHI AT NEW DELHI
TELEFONAKTIEBOLAGET LM ERICSSON ..... Appellant
Through: Mr. Jayant Bhushan, Sr. Adv. with Mr. Anil Dutt and Mr. Adarsh
UNION OF INDIA and ORS ..... Respondents
Through: Mr. A.S. Chandhiok, ASG with Mr. Atul Batra, Mr. Vidit Gupta,
Mr. Yash Wardhan and Mr. Vikrant Goyal, Advocates for R-1 UOI.
Mr. Satish Kumar, Adv. for R-2and3.
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
Since the counsel for the respondents has appeared, the caveat
CM No.23629/2011 (for exemption)
Allowed, subject to just exceptions.
2. Having regard to the nature of issue involved which may keep
occurring, with the consent of the counsel for the parties, we fix the
matter for final arguments on 21st February, 2012.
LPA 1104/2011 Page
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CM No.23628/2011 (for stay)
3. After hearing the counsel for the parties at length, we are not
inclined to grant stay of the impugned order dated 19th December, 2011
passed by the learned Single Judge. However, we extend the time for
applicant to take appropriate remedies, till 20th January, 2012 and till
then the Customs Authorities will not release the goods.
4. Mr. Jayant Bhushan, senior counsel appearing for the appellant at
this stage make a request that sample of the Cell Phone be drawn and
condition of deposit of some security be imposed on the respondent as
well so that in case the appellant ultimately succeeds and/or is able to
demonstrate that the goods imported by the respondents infringe the
patent of the appellant, the appellant is duly protected thereby.
5. We are of the opinion that in the Civil Suit which the appellant
contemplates to file seeking injunction against the release of the
consignment, in case such stay is not granted, the appellant would be at
liberty to press the aforesaid conditions before the Civil Court.
6. Needless to mention that when such a suit is filed, all defences
shall be available to the respondents.
The application is disposed off.
ACTING CHIEF JUSTICE
RAJIV SAHAI ENDLAW, J
DECEMBER 23, 2011/bs
LPA 1104/2011 Page
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