Court dismissed an application by the fifth defendant for summary judgment in a patent infringement suit, holding that disputed facts requiring oral evidence precluded such relief.
Application dismissed with costs of Rs.10,000 payable to Legal Services Authority.
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A.No.1881 of 2021 in C.S No.400 of 2019
DR.G.JAYACHANDRAN, J.
This application is filed by the fifth defendant to pass a summary
judgment. 2.The suit is for infringement of patent. During the course of hearing, this Court earlier appointed Scientific Advisor and his report is available before this Court. Several applications were later on filed for different relief and disposed. Now the present stage of the case is to fix date for examination of witnesses. On completion of pleadings, this Court has framed the issues. The fifth defendant who is the applicant herein, has taken out an application to amend the issues framed and to include additional issues. The said application allowed and new issues taken as additional issue.
3.At this juncture, this application is filed under Order XIIIA to pass summary judgment which contemplates passing of order without recording oral evidence.
DR.G.JAYACHANDRAN,J.
VRI
4.The ground for summary judgment enumerated under Order
XIIIA Rule 1(3) does not attract in the present case, since the disputed
fact regarding the patent ought to be and can be decided only on
recording oral evidence. Particularly, the Scientific Advisor who has given
his report pursuant to the direction of this Court, is a party to be
examined as witness. This application filed without any merit and to
delay process, deserves dismissal. Hence, dismissed on costs of
Rs.10,000/- (Rupees Ten Thousand only) payable to the Legal Services
Authority on or before 09.11.2021.
Call the matter on 10.11.2021.
06.10.2021
vri
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A.No.1881 of 2021
in C.S No.400 of 2019
Fifth Defendant
DR.G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
