Baboo Lall Jain, J. - (1.) This application has been made by Unique Transmission India Pvt. Ltd. under Section 64 of the Patent Act, 1970 (No. 39 of 1970) for revocation by this Court of the Indian Patent No. 157180 which has been granted in favour of an invention for 'Flexible Couplings' as mentioned in the Certificate issued by the Controller of Patents dated 1st August, 1986.
(2.) The instant application was filed by Unique Transmission India Pvt. Ltd. in this Court on 3rd April, 1989.
(3.) The case of the petitioner is that the petitioner carried on and still carries on business in respect of flexible couplings. Formerly the business was carried on under the name and style of Relay Corporation, which came into existence in 1951. Further case of the petitioner is that the said firm made flexible couplings since about 1960 for use in connection with their own pumping sets. Gradually the said firm commenced manufacturing tyre-type flexible couplings and commenced selling and marketing the same under the brand name 'Unique'. According to the petitioner the said "Unique" brand couplings are the most extensively used flexible couplings in India. The said firm was thereafter converted into a Private Limited Company being the petitioner above-named.;