Supreme Court of India

UNITED BIOTECH PRIVATE LIMITEDversusORCHID CHEMICALS AND PHARMACEUTICALS LIMITED AND ORS.

Citation: 2018 INSC 31
Decided: 17 January 2018
Disposal: Appeal(s) allowed
Bench: RANJAN GOGOINAVIN SINHA

Holding

The Court held that the earlier judgment needed to be modified to accurately reflect the parties and the appeals, resulting in the dismissal of the earlier appeals and the allowance of the appeal arising out of SLP (Civil) No. 27309 of 2012.

Summary

The Supreme Court, hearing United Biotech Private Ltd's application, modified its earlier judgment dated 29 November 2017 concerning the interpretation of the Trade and Merchandise Marks Act, 1958. The order substituted specific wording in paragraphs 13, 14 and 37 to correctly refer to the parties and the civil appeals involved. It dismissed Civil Appeal Nos. 4767‑4679 of 2001 and the appeal arising out of Special Leave Petition (Civil) No. 1851 of 2009, while allowing the appeal arising out of Special Leave Petition (Civil) No. 27309 of 2012. By doing so, the Court allowed the application filed by United Biotech and clarified the procedural posture of the related appeals. The modification ensured that the earlier judgment accurately reflected the parties and the legal questions before the Court.

Issues considered

Whether the earlier judgment required correction of references to the parties and the specific civil appeals.
Whether, after correction, the civil appeals should be dismissed or allowed.
Interpretation and application of sections 46, 56, 111 and 107 of the Trade and Merchandise Marks Act, 1958 in the context of the appeals.

Legislation cited

Trade and Merchandise Marks Act, 1958s. 107, s. 111, s. 46, s. 56

Subjects

Trade MarksCivil AppealModification of JudgmentDismissalAllowanceSections 46, 56, 111, 107Supreme Court of India

Judgment

960                      [2018]REPORTS
               SUPREME COURT    6 S.C.R. 960                   [2018] 6 S.C.R.


A                   UNITED BIOTECH PRIVATE LIMITED
                                          v.
       ORCHID CHEMICALS AND PHARMACEUTICALS LIMITED
                         AND ORS.
B                            (M. A. No. 1764 of 2017)
                                          In
                         (Civil Appeal Nos. 19938 of 2017)
                                JANUARY 17, 2018
C               [RANJAN GOGOI AND NAVIN SINHA, JJ.]
            Trade and Merchandise Marks Act, 1958 – ss. 46/56 and ss.
      111/107 – Judgment dated 29-11-17 in Patel Field Marshal Agencies
      and Anr. versus P.M. Diesels Ltd. and Anr. [Civil Appeal Nos.
      4767-4769 of 2001 with C. A. Nos. 19937 & 19938 of 2017 and
D     SLP (C) No. 30121 of 2012] as modified in terms of instant order
      dated 17-01-18, reported in [2017] 12 S.C.R. 674 – Full text of the
      order dated 17-01-18 now reported.
             CIVIL APPELLATE JURISDICTION: M. A. No. 1764 of 2017
      in Civil Appeal No. 19938 of 2017.
E           From the Judgment and Order dated 18.05.2012 of the High Court
      of Delhi at New Delhi in L. P. A. No. 679 of 2011.
            J. Sai Deepak, Bharadwaj Jaishankar, Mohit Goel, Sidhant Goel,
      Ashutosh Nagar, P. D. V. Srikar, Deepankar Mishra, Mishra Saurabh,
      Advs. for the Appellant.
F
            Gladys Daniels, S. Santanam, Swaminadhan, Ms. Aarthi Rajan,
      Advs. for the Respondents.
            The following Order of the Court was passed:
                                     ORDER
G             1. Upon hearing the learned counsel for the applicant, the judgment
      of this Court dated 29th November, 2017 passed in Civil Appeal Nos.4767-
      4769 of 2011 and other connected matters is modified in the following
      terms.

H
                                         960
       UNITED BIOTECH PRIVATE LIMITED v. ORCHID                                   961
       CHEMICALS AND PHARMACEUTICALS LIMITED

       (i) In paragraph 13, the words “The arguments advanced on behalf           A
of the appellants in the appeals” shall be substituted by the words “The
arguments advanced on behalf of the appellants in Civil Appeal Nos.4767-
4769 of 2001 and respondents in the appeal arising out of Special Leave
Petition (Civil) No.27309 of 2012”.
      (ii) In paragraph 14, the words “In reply, on behalf of the                 B
respondent”, shall be substituted by the words “In reply, on behalf of the
respondents in Civil Appeal Nos.4767-4769 of 2001 and appellant in the
appeal arising out of Special Leave Petition (Civil) No.27309 of 2012”.
       (iii) Paragraph 37 shall read as under:
         37. In the light of the above while answering the question arising       C
       in the manner indicated above, we dismiss Civil Appeal Nos.4767-
       4679 of 2001 and Civil Appeal arising out of Special Leave Petition
       (Civil) No.1851 of 2009 and allow the civil appeal arising out of
       Special Leave Petition (Civil) No. 27309 of 2012.
       2. The application is allowed in the above terms.                          D


Kalpana K. Tripathy                                        Application allowed.



                                                                                  E




                                                                                  F




                                                                                  G




                                                                                  H

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "Trade Marks"Sign in to search