Supreme court allows TVS Motor to sell Flame bike

CHENNAI - Two-wheeler maker TVS Motor Co Wednesday got a shot in the arm, with the Supreme Court allowing it to sell a particular model that rival Bajaj Auto had claimed was using its patented technology.

Following the ruling, TVS can now sell its 125-cc “Flame” motorbike with twin-spark plugs technology.

A two-member bench comprising Justice Markandey Katju and Justice Ashok Kumar Ganguly directed the Madras High Court to hear the case between the two companies on a daily basis. The hearing should be concluded by Nov 30 this year, the court said.

The two companies have been locked in a legal tussle over the use of twin spark plugs technology. Bajaj had claimed that its Chennai-rival was infringing on its patent for the technology.

In May, the Madras High Court allowed TVS Motor to sell the Flame model stating that there was no patents infringement. But Bajaj filed a special leave petition in the Supreme Court challenging the high court verdict.

The apex court in Wednesday’s verdict also directed TVS Motor to maintain all accounts of sales to be verified by a receiver to be appointed by the Madras High Court.

Reacting to the court order, Bajaj Auto vice president (business development) S. Ravikumar said: One will recall that the Division Bench of the Madras High Court on May 18, 2009 had allowed TVS appeals and decided prima facie that there was no infringement by TVS.

In our understanding, todays Supreme Court order has not accepted this view and has accordingly directed the High Court to complete the trial and pronounce its judgment by November 30.

–Indo Asian News Service