India: "Can The Issues In A Given Case Where There Is Possibility Of Appeal Be Dealt With Separately? Madras High Court Replies In The Negative"

Last Updated: 20 May 2011
Article by Sonam Lhamu Bhutia and Vasundhara Kamath S

The Madras High Court in the case of Aloys Wobben Argestrasse v Enercon (India) Limited and Intellectual Property Appellate Board (IPAB) dealt with the question of whether in an event where several issues are brought forward before a Court or a tribunal and there is possibility of appeals being filed during the course of proceedings, should the Court deal with all the issues or dispose of only one or some issue raised by the parties.

Brief facts of the case:

Enercon (India) Limited had filed 18 Original Revocation Applications (hereinafter referred to as ORAs) against the patents granted to Dr Aloys Wobben, the owner of Enercon GmBH. . In those ORAs, Dr Wobben filed individual miscellaneous petitions before the IPAB challenging the maintainability and thus seeking dismissal of said revocation applications. Dr. Wobben also prayed before the IPAB to fix an early date for hearing in the said miscellaneous petitions. The IPAB had dismissed these petitions stating that the issues contained therein would be considered along with the other issues. Dr Wobben subsequently, approached the Madras High Court with a plea to grant the writ of certiorari, quashing the said order.

In the miscellaneous petition before the IPAB, Dr. Wobben mainly contended that Mr. Yogesh Mehra, who had signed and verified the original revocation applications for and on behalf of Enercon (India) Limited lacked the competence to file the ORAs. For this, he relied on the Articles of Association of the Company and on a proceeding pending before the Company Law Board (hereinafter referred to as CLB) which had directed the parties to maintain status quo on all issues that were pending before it and that no further action could be taken without the leave of the CLB.

Enercon, countered Dr. Wobben's arguments in its reply stating that as per Enercon (India) Limited's Board resolution dated 27.04.2007, Mr. Yogesh Mehra in the capacity of Managing Director of the Compant had the required locus standi and competence to file and institute the revocation proceedings on behalf of the Company. Dr. Wobben in turn filed a rejoinder to Enercon's reply contending that the Board resolution relied on by Enercon was void and non-est and therefore Mr. Yogesh Mehra had no locus standi or competence to file the revocation application.

The IPAB, after hearing the matter at length, opined that there were three ways in which the matter could be disposed of. It could consider the miscellaneous petitions and decide the locus standi immediately or could wait till the CLB decided the matter and could thus, adjourn the matter sine die. The Tribunal also had the option to take up and consider everything while hearing the original revocation application. Considering the third option to be the most expedient, an order was passed by the IPAB wherein all the miscellaneous petitions were to be disposed of with a direction to the Registry that the ORAs were to be heard on a day to day basis. Aggrieved by such order, Dr. Wobben filed the present Writ Petition.

Dr. Wobben challenged the order of the IPAB on a host of grounds. At the outset, he contended that the question with regard to locus standi had been raised in relation to the maintainability of the application for revocation and therefore had to be determined at the first instance. He further maintained that the IPAB had mixed the concept of locus standi and the concept of person interested as defined under the Patents Act and as a result, the order was liable to be quashed. Also, the conclusion arrived at by the IPAB that the proceedings before the CLB had no bearing on the matter before it, was challenged as being erroneous. It was also urged that the ORAs were filed by minority share holders and such a petition was not maintainable because it amounted to Dr. Wobben's funds being used to fight a litigation against it. He also indicated that the order of the CLB that status quo was to be maintained was causing irreparable hardship to him.

Enercon relied on M/S. Formento Resorts and Hotels Ltd. v. Gustavo Ranato D Cruz Pinto and ors. 1985 (2) SCC 152 andHaribhau Madhav Jalve v. Ramesh Vithal Choudhari and ors., 2002 (10) SCC 102 wherein the Honourable Supreme Court had held that the question of locus standi could be decided as one among the several issues. Also, as per the of the CLB which directed that without the Board's leave no board meeting could be convened or held and as the writ petitioner did not seek the leave of the Board to hold any Board meeting he could not contend that his rights were being affected.

The Madras High Court, after considering the issues at hand, was of the opinion that to decide whether the Managing Director had locus standi to maintain the Application for revocation before the Tribunal, it was essential that the factual aspects had to considered.

The Court also categorically ruled that all the issues were to be dealt with, as opposed to disposing of the case on one issue alone. The possibility of appeal was considered, keeping which in mind, it would be expedient to decide all the given issues in a case. Since such a possibility existed in the instant case, it was the opinion of the Madras High Court that the IPAB had rightly directed the miscellaneous petitions to be considered along with the ORAs.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions