Tuesday, 15 July 2014

Can a person have better rights than contracted for?


Recently, the Hon’ble Delhi High Court has answered this question in negative in HOLLAND COMPANY LP & ANR Vs S.P. INDUSTRIES. In this case, Plaintiffs were supplying certain automatic twist locks to Indian Railways on contract. Plaintiffs claimed that they were the intellectual property right(s) holder of automatic twist locks. While so, Indian Railways awarded the very particular contract to Defendant. Feeling aggrieved, Plaintiffs filed the present suit seeking injunction, restraining Defendant from supplying automatic twist locks to Indian Railways. Also, Plaintiffs sought interim injunction. Rejecting the prayer of interim injunction, the Hon’ble Delhi High Court held “If it is the case of the plaintiffs that none else is entitled to manufacture the said spare parts, the plaintiffs should have imposed such condition while making the supplies. It is inexplicable as to why the plaintiffs did not do so. The plaintiffs cannot now be permitted to have any better rights than they contracted for, particularly at the interim stage….”. 
 

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