M/S Sumotek Innovation Pvt. Ltd and Anr v. Assam Power Distribution Co. Ltd. A

ORDER Date : 18.01.2023

Heard Mr. J. C. Gaur, learned counsel for the petitioners and Mr. B. Choudhury, learned standing counsel for the respondent APDCL by filing this writ petition under Article 226 of the Constitution of India.

¶2The petitioner no. 2 claims to have a certificate for patent No. 208216 issued under the Patents Act, 1970 for prepaid/postpaid Electricity Supply Machine, which was granted on 13.05.2004 and is valid for up to 20 years.

¶3The learned counsel for the petitioners has submitted that the respondent has floated tender for purchasing smart electricity meters through which the electricity supply would be routed, which will enable the authorities to supply electricity energy on prepaid and postpaid basis to the consumers through a smart meter.

¶4The learned counsel for the petitioners has submitted that the only relief which the petitioners are presently praying for is to restrain the respondent authority from procuring any electricity supply device which would cause infringement of the patent rights available to the petitioner.

Page No.# 3/4

¶5The learned standing counsel for the respondent has submitted that the tender has been floated by the respondent for purchasing smart meters using technology which would not violate the patent right of the petitioners.

¶6To show that there are other patent holders for smart meters, the learned standing counsel for the respondent has made reference to the information available in the internet to show that for a smart electricity meter, patent has been granted, amongst others, to one Hardik Chothani under patent No. 219434.

¶7Having regard to the nature of the dispute raised in the petition, this Court is of the considered opinion that under Section 48 of the Patents Act 1970, the patentees have a right to prevent the third parties, who do not have consent of the patentee from the act of making, using, offering for sale, selling or importing such product in India. Such rights can be enforced through the redressal process, as prescribed under the Patents Act, 1970 by approaching the competent Court having jurisdiction. It is not in dispute that the Court having jurisdiction would also have the power to pass an appropriate interim order as it may deem fit and proper.

¶8In this present stage, there is no record to show the procurement of smart meter, which is proposed to be made by the respondent, would be in contravention to the patent granted to the petitioner no.2.

¶9Nonetheless, if the petitioners apprehend that their patent right would be infringed, it would be open to the petitioners to approach the competent Court having jurisdiction in the matter. Therefore, as alternative and efficacious judicial remedy is provided for under the Patents Act 1970, this Court is disinclined to invoke the power under Article 226 of the Constitution in the Page No.# 4/4 present case.

¶10Accordingly, in view of the observations made above the present writ petition stands closed with liberty to the petitioners to approach the jurisdictional Court.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010003622023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/162/2023o M/SoSUMOTEKoINNOVATIONoPVT.oLTDoANDoANR.o AoPRIVATEoLIMITEDoCOMPANY,o INCORPORATEDoUNDERoTHEoCOMPANIESoACT,o1956,o REPRESENTEDoBYoSRIoGAESHoSWAMY,o SONoOFoLATEoANGUoSWAMY,o ONEoOFoITSoDIRECTORS/oOFFICER,o DULYoAUTHORIZEDoBYoITSoBOARDoOFoDIRECTORS,o HAVINGoITSoOFFICEoATo602,oWINGoB,oDLHoMETROoVIEW,o PLOToNO.o195oPToJ.P.oROAD,o OPPOSITEoSHANKARoNAGAR,o ANDHERIo(W),oP.O.oMUMBAI-o400058,o MAHARASHTRA. 2:oGIRISHoMANOHARRAOoBACHATE oSONoOFoMANOHARAOoBACHATE o RESIDENToOFoPARIJAToCOLONY o NEARoPRAKASHoNAGAR oBARSHIoROAD o P.O.-oLATUR-o413512o REPRESENTEDoBYoSRIoGANESHoSWAMY oTHEoDULYoAUTHORIZEDoATTORNEYo VERSUSo ASSAMoPOWERoDISTRIBUTIONoCO.oLTD.oAo REPRESENTEDoBYoITSoMANAGINGoDIRECTOR,o HAVINGoITSoREGISTEREDoOFFICEoAToBIJULIoBHAWAN,o A.T.oROAD,oPALTANoBAZAR,oP.O.-oGUWAHATI-o781008,o DISTRICT-oKAMRUP(M),oASSAM. Page No.# 2/4 Advocate for the Petitioner : M. DEY Advocate for the Respondent : SC, APDCL BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA