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High CourtDivision BenchApplication allowed; Civil Appeal Nos. 4767-476...

UNITED BIOTECH PRIVATE LIMITED v. ORCHID CHEMICALS AND PHARMACEUTICALS LIMITED AND ORS.

Case / Petition Number:M.A. No. 1764 of 2017 in Civil Appeal No. 19938 of 2017
Neutral Citation:[2018] 6 S.C.R. 960

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Ranjan Gogoi
  • Navin Sinha
Judgment Date
2018-01-17
Court Decision / Holding
The judgment modifies the earlier decision; It dismisses Civil Appeal Nos. 4767-4769 of 2001 and the civil appeal arising out of SLP(C) No. 1851 of 2009, and allows the civil appeal arising out of SLP(C) No. 27309 of 2012. Application allowed.
Final Disposition
Application allowed; Civil Appeal Nos. 4767-4769 of 2001 and the SLP(C) No. 1851 of 2009 dismissed; Civil Appeal arising out of SLP(C) No. 27309 of 2012 allowed.

Parties to the Case

Appellants / Petitioners

  • United Biotech Private Limited

Respondents

  • Orchid Chemicals and Pharmaceuticals Limited
  • Others

Legal Representation & Advocates

Counsels for Petitioners

  • • J. Sai Deepak
  • • Bharadwaj Jaishankar
  • • Mohit Goel
  • • Sidhant Goel
  • • Ashutosh Nagar
  • • P. D. V. Srikar
  • • Deepankar Mishra
  • • Mishra Saurabh

Counsels for Respondents

  • • Gladys Daniels
  • • S. Santanam
  • • Swaminadhan
  • • Ms. Aarthi Rajan

Case Synopsis & Summary

This Supreme Court order relates to a Trade Marks Act, 1958 matter involving United Biotech Private Ltd. and Orchid Chemicals and Pharmaceuticals Ltd. and others, arising from the Delhi High Court’s 18 May 2012 order in LPA No. 679 of 2011. It recalls and modifies the Court’s own judgment dated 29 November 2017 in Patel Field Marshal Agencies and Anr. v. P.M. Diesels Ltd. and Anr. (Civil Appeal Nos. 4767–4769 of 2001 and connected matters, including related SLPs) as modified by the instant order dated 17 January 2018, now reported in [2017] 12 S.C.R. 674. After hearing the counsel for the applicant, the Court specifies changes to paragraphs 13 and 14 of the earlier order to correctly reflect the parties’ positions in Civil Appeal Nos. 4767–4769 of 2001 and connected matters and SLP No. 27309 of 2012. Paragraph 37 is recast to indicate the final disposition in the manner described. The operative terms dismiss Civil Appeal Nos. 4767–4769 of 2001 and the SLP(C) No. 1851 of 2009, and allow the Civil Appeal arising out of SLP(C) No. 27309 of 2012. The application (M.A. No. 1764 of 2017) is therefore allowed in terms of this modification.

Provisions of Law Cited

Trade and Merchandise Marks Act, 1958 – ss. 46/56 and ss. 111/107

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Patel Field Marshal Agencies and Anr. v. P. M. Diesels Ltd.[2017] 12 S.C.R. 674Partly Overruled / LimitedThe current order recalls and modifies the 2017 Patel Field Marshal Agencies decision; thus the cited case is not wholly overruled but partially altered by the instant order.

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Extracted Judgment Text

Exact text extracted from official judgment records.

960 SUPREME COURT REPORTS[2018] 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: ## **O R D E R** G 1. Upon hearing the learned counsel for the applicant, the judgment of this Court dated 29[th] November, 2017 passed in Civil Appeal Nos.47674769 of 2011 and other connected matters is modified in the following terms. H 960 961 UNITED BIOTECH PRIVATE LIMITED v. ORCHID 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.47674769 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 in the manner indicated above, we dismiss Civil Appeal Nos.47674679 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. C D Kalpana K. Tripathy Application allowed. E F G H