TVS
MUMBAI (Reuters) - TVS Motor Co Ltd, India's third largest two-wheeler maker, said vehicle sales rose about 3 percent in April on year to 113,119 units from 109,972 units.
April motorcycle sales stood at 53,235 units compared with 58,237 units a year ago while scooters registered 18,819 units in April versus 19,034 units.
Exports in April fell to 10,134 units against 10,213 units in the corresponding period of the previous year, the firm added.Two-wheeler manufacturer TVS Motors today said it has sold 1,07,301 units last month, up by 13 percent as compared with the corresponding period last year.
The company said it had sold 95,235 units in the same period last year. The growth was achieved “despite industry being affected by high interest rates, lack of retail credit and the ongoing economic slowdown,” the company said in the release. Cumulative growth in sales for the current financial year since April 2008 stood at three percent, the release said.
The company exported 16,583 units of two wheelers in February 2009, as against the 12,523 units in the corresponding period of the previous year, registering a growth of 32 percent, the release said. Exports continued its overall growth trend, registering 43 percent increase in cumulative sales for the period April 2008 to February 2009, the release said. The company’s motorcycle sales stood at 49,659 units compared to 46,565 units in February 2008, posting an increase of seven perceCHENNAI: TVS Motor Company Limited has challenged the order of a single Judge restraining it from manufacturing and selling 125 CC Flame motorcycles by using the technology/invention described in the patent granted to Bajaj Auto Limited.
In its appeal, the company submitted that the single Judge’s order was contrary to law and pleadings, opposed to probabilities of the case and contrary to the weight of the evidence.
It suffered from material irregularity and was liable to be set aside. The findings and conclusions on the basis of which the Judge granted the order of injunction were clearly and explicitly contrary to the pleadings and uncontroverted statements of the appellant and to the admissions of the respondent.
The impugned order could not be sustained in law since it had rendered the provisions of section 13 (4) of the Patents Act, 1970 redundant, overlooking the fact that the respondent had failed to satisfy the test of infringement and had given findings which were arbitrary, capricious and erroneous in law and ought to be set aside. The Judge had failed to note that Bajaj Auto failed to prima facie establish the test of infringement, namely, all essential integers had to be found in the infringing article.
The appellant said the order was erroneous and prayed to the court to set it aside.nt over the same period of the previous year, the release.
April motorcycle sales stood at 53,235 units compared with 58,237 units a year ago while scooters registered 18,819 units in April versus 19,034 units.
Exports in April fell to 10,134 units against 10,213 units in the corresponding period of the previous year, the firm added.Two-wheeler manufacturer TVS Motors today said it has sold 1,07,301 units last month, up by 13 percent as compared with the corresponding period last year.
The company said it had sold 95,235 units in the same period last year. The growth was achieved “despite industry being affected by high interest rates, lack of retail credit and the ongoing economic slowdown,” the company said in the release. Cumulative growth in sales for the current financial year since April 2008 stood at three percent, the release said.
The company exported 16,583 units of two wheelers in February 2009, as against the 12,523 units in the corresponding period of the previous year, registering a growth of 32 percent, the release said. Exports continued its overall growth trend, registering 43 percent increase in cumulative sales for the period April 2008 to February 2009, the release said. The company’s motorcycle sales stood at 49,659 units compared to 46,565 units in February 2008, posting an increase of seven perceCHENNAI: TVS Motor Company Limited has challenged the order of a single Judge restraining it from manufacturing and selling 125 CC Flame motorcycles by using the technology/invention described in the patent granted to Bajaj Auto Limited.
In its appeal, the company submitted that the single Judge’s order was contrary to law and pleadings, opposed to probabilities of the case and contrary to the weight of the evidence.
It suffered from material irregularity and was liable to be set aside. The findings and conclusions on the basis of which the Judge granted the order of injunction were clearly and explicitly contrary to the pleadings and uncontroverted statements of the appellant and to the admissions of the respondent.
The impugned order could not be sustained in law since it had rendered the provisions of section 13 (4) of the Patents Act, 1970 redundant, overlooking the fact that the respondent had failed to satisfy the test of infringement and had given findings which were arbitrary, capricious and erroneous in law and ought to be set aside. The Judge had failed to note that Bajaj Auto failed to prima facie establish the test of infringement, namely, all essential integers had to be found in the infringing article.
The appellant said the order was erroneous and prayed to the court to set it aside.nt over the same period of the previous year, the release.
Hosur May 19, 2009 : The division bench of Madras High Court comprising Hon. Justice S J Mukhopadhaya and Hon. Justice F M Ibrahim Kalifulla has allowed both appeals of TVS Motor Company Limited by its order dated 18th May 2009. The appeals were filed by TVS Motor Company aggrieved by the order of the Single Judge of the Madras High Court granting an injunction in favour of M/s Bajaj Auto Limited, restraining TVS Motor Company from manufacturing and selling its “TVS FLAME” motorcycle involving twin spark plug technology.Bajaj Auto had claimed a registered patent involving the twin spark plug technology and that TVS Motor had infringed Bajaj's patented twin spark plug technology. The Court in its order observed that there was a difference between the three-valve configuration of TVS Motor Company and the two-valve configuration of Bajaj Auto Limited. That the combustion process of TVS Motor Company was not exclusively based on the twin plug operation but was based on the three valve configuration patented by M/s AVL GMBH of Austria licence to TVS Motor Company to use its technology.
The bench further held that prima facie the product manufactured by TVS Motor has a distinctive feature, which is different from that of Bajaj's patent.
The Division Bench held that merely because prima facie Bajaj Auto Limited was having a valid patent that by itself would not mean that Bajaj Auto had made out a strong prima facie case of infringement against the TVS Motor Company. The bench further held that prima facie the product manufactured by TVS Motor has a distinctive feature, which is different from that of Bajaj's patent. Accordingly the Division bench set aside the order of the Single judge and discontinued the injunction granted by him. TVS Motor has right from the very beginning asserted that their product in no way infringes the technology of Bajaj Auto. As such, this ruling by the honorable division bench of the Madras High Court has vindicated TVS Motor Company.
The bench further held that prima facie the product manufactured by TVS Motor has a distinctive feature, which is different from that of Bajaj's patent.
The Division Bench held that merely because prima facie Bajaj Auto Limited was having a valid patent that by itself would not mean that Bajaj Auto had made out a strong prima facie case of infringement against the TVS Motor Company. The bench further held that prima facie the product manufactured by TVS Motor has a distinctive feature, which is different from that of Bajaj's patent. Accordingly the Division bench set aside the order of the Single judge and discontinued the injunction granted by him. TVS Motor has right from the very beginning asserted that their product in no way infringes the technology of Bajaj Auto. As such, this ruling by the honorable division bench of the Madras High Court has vindicated TVS Motor Company.
