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Bajaj Auto has filed a special leave petition in the Supreme Court (SC) on June 2 against a Madras High Court division bench order restraining it from interfering with TVS Motors manufacture and marketing of `Flame` motorbike, according to a media report.
Recently, the high court had granted the injunction after setting aside an earlier order granted in favour of Bajaj Auto.
After more than a year`s legal fight, The Madras HC ruled a couple of weeks back that TVS Motor can manufacture and market 125 CC Flame in its original form. A two-member bench lifted an interim order that prevented TVS from using an engine with two spark plugs and three valves.
At the same time, the application filed by TVS Motor against Bajaj from interfering in the manufacturing and marketing of 125 cc Flame with 3 valves and 2 spark plugs was allowed, with the result that TVS Motor can manufacture and market the 125 cc Flame.
But Bajaj Auto is moving the SC against this order on the basis that the division bench has failed to consider any of the defenses raised by the petitioner (Bajaj) in response to the injunction application filed by the respondent (TVS Motor).
The division bench has also failed to even consider or record whether the respondent had made out a prima facie case.
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Posted On : 05 Jun 09
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