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of <h1>Court affirms Tribunal's decision on locus standi before disposal, dismisses writ petition, orders prompt resolution.</h1> <h3>Aloys Wobben Argestrasse Rep. by his power of Attorney holder Mr. Balan Kombi Versus Enercon (India) Limited, Intellectual Property Appellate Board</h3> Aloys Wobben Argestrasse Rep. by his power of Attorney holder Mr. Balan Kombi Versus Enercon (India) Limited, Intellectual Property Appellate Board - TMI Issues involved: The judgment involves the issue of locus standi of a party to maintain an application for revocation under the Patents Act, as well as the interplay between Company Law Board orders and proceedings before the Intellectual Property Appellate Board.Summary:Locus Standi Issue:The petitioner sought to quash orders passed by the Intellectual Property Appellate Board in various miscellaneous petitions filed in Original Revocation Applications. The petitioner challenged the competence of the first respondent to file revocation petitions, citing Articles of Association and Company Law Board orders. The Tribunal considered three options for disposal, ultimately directing the Original Revocation Application to be heard on a daily basis. The petitioner contended that the locus standi issue should have been decided first, raising concerns about urgency and misuse of funds. The first respondent argued that the Tribunal correctly scheduled the revocation application for disposal, citing Supreme Court precedents on deciding locus as one of several issues.Court's Decision:The Court noted that the locus standi issue was crucial and required examination of factual aspects. Following Supreme Court guidance, the Tribunal was right to consider all issues, including locus, before disposal. The Court upheld the Tribunal's order, dismissing the writ petition and instructing the Tribunal to hear and dispose of the Original Revocation Application and miscellaneous petitions within three months. No costs were awarded, and connected miscellaneous petitions were closed.
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