Chennai-based TVS Motor Company today got some reprieve, with the Supreme Court allowing the two-wheeler firm to make and sell 125-cc 'Flame' motorbike that sports twin-spark plugs, the technology for which Bajaj Auto claims to hold patent.
A Bench headed by Justice Markandey Katju, while disposing of Bajaj's petition, asked the single judge of the Madras High Court to hold day-to-day hearings and decide the matter before November 30.
"Without going into the merits of the case... The respondent (TVS) is allowed to sell till the pendency of the suit before the high court, but it shall maintain accurate records of its sales all over the country," the court ordered.
The apex court also ordered the high court to appoint a receiver, who will keep record on sales of Flame across India and submit its report to the high court.
While vacating its interim orders of June 8 and August 31 that allowed TVS Motor to make TVS Flame but restrained it from moving its "finished product (motorcycle) from its warehouse", the bench added that the single judge should not be influenced by any observations made by the apex court or the division bench of the high court.
The directions came on a petition filed by Bajaj Auto challenging the Madras High Court's ruling that permitted TVS to use twin-spark plugs in its motorcycles.
The single Bench of the High Court had earlier restrained TVS from manufacturing, marketing and selling 125cc motorcycle TVS Flame after Bajaj Auto alleged that the bike used twin spark engines, which is its patented technology.
Bajaj had alleged that its patent on twin spark plug engines had been infringed by its arch-rival TVS.
However, TVS had argued that it should be allowed to make as the patent itself was under challenge before the Intellectual Property Appellate Board and there cannot be any blanket ban.
Bajaj contended that it is the grantee of the Indian patent in respect of its invention titled 'An improved internal combustion engine working on four stroke principle' since July 16, 2002.
