High court stops TVS Motor from selling Flame

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Chennai, Feb 16 : The Madras High Court on Saturday restrained two-wheeler major TVS Motor Company from manufacturing, marketing and selling its controversial 125 CC motorcycle TVS Flame.

In turn, TVS Motor has decided to make an appeal against the order before a division Bench of the Madras High Court on Monday.

Based on the petition filed by rival Bajaj Auto seeking to restrain TVS from manufacturing and selling TVS Flame, Justice P Jothimani granted the stay order on Saturday. The Judge has dismissed the petition filed by TVS to restrain Bajaj from interfering with the manufacture and sale of its new motorcycle.

It may be recalled that on February 4, the Madras High Court reserved orders on the petitions filed by both the companies. The case pertains to the patent controversy on the twin spark technology.

Originally, TVS Motor Company filed a petition seeking to restrain Bajaj from issuing groundless threats to it and also sued the latter for Rs 250-crore damage. In December 2007, based on the Bajaj Auto petition, a single judge of the Madras High Court directed maintenance of status quo on bookings for the new bike. However, on an appeal from TVS Motor again, a division bench had stayed the single judge’s order and allowed TVS Motor to go ahead with the production and selling of Flame.

Against this, Bajaj filed a SLP before the Supreme Court in January. The Supreme Court had on January 8, refused to stay the sale of Flame and posted the case for further hearing on January 18. The Supreme Court then asked TVS Motor not to book further orders for its new bike and directed the single judge of the Madras HC to hear the case on January 29. Accordingly, the petition was posted for hearing on that day and the arguments commenced.

TVS Motor has strongly contended before the HC that the vehicle is protected by a licence granted by a registered patent holder viz by an Austrian company called AVL List GmbH, globally known for the developing engines. TVS further applied to the IPAB for revocation of the patent existing in the name of Bajaj. TVS claims that its bike is a new version based on its own innovation and does not in anyway relate to any bike produced by Bajaj.