ALOYS WOBBEN Vs. ENERCON INDIA LIMITED

JUDGEMENT

(1.) The prayer in the writ petition is for issuance of writ of Certiorari to quash the orders passed by the Intellectual Property Appellate Board, (hereinafter referred to "as the Tribunal") the second respondent herein, in various miscellaneous petitions filed by the petitioner in the Original Revocation Applications pending before the Tribunal.

(2.) The matter arises under the Patents Act. The facts which are necessary for the disposal of the writ petition could be briefly set out as hereunder:

(3.) The main ground on which the miscellaneous petitions were filed is by stating that in terms of the Articles of Association of the first respondent company Mr. Yogesh Mehra lacks the competence to file the petition for revocation of the Patents and reliance was placed on Articles 128(1), 157, 158(1), 170(14) and 171(4) of the Articles of Association of the company. It was further contended that even assuming without admitting Mr. Yogesh Mehra had such a power, the same are not unfettered and that the applicant has initiated proceedings before the Company Law Board (CLB) and the same is pending and the Company Law Board by its order dated 24.09.2007 in petition No. 121 of 2007 in C.A. No. 484 of 2007 has granted an order of status quo to be maintained with regard to all issues pending in the proceedings and no further action could be taken without leave of the Board, in terms of the subsequent order dated 19.05.2008. In the above stated background, the writ petitioner sought for dismissal of the revocation petition.