The Single Bench order of Monsanto and Nuziveedu Seeds reaches the Division Bench of Delhi High Court as both parties prefer an appeal, aggrieved by parts of the order. While Monsanto has preferred the appeal seeking to expunge those parts wherein the Single Bench has directed restoration of Sub-License Agreement. Nuziveedu has preferred an appeal seeking to quash the observations wherein the Single Judge has observed that Monsanto had a patent on its Technology.
In the Appeal filed by Monsanto against the Single Judge order of Delhi High Court dated March 28, 2017, the Division Bench of Hon'ble Delhi High Court headed by Hon'ble Mr. Justice S. Ravinder Bhatt, has today stayed the restoration of the Sub-License Agreement as directed by the Single Bench.
The Hon'ble Division Bench after hearing the argument of the Counsels for Monsanto and Nuziveedue and at the request of Monsanto's Counsel Mr. Kapil Sibal directed that the Appellant Monsanto would not be bound to restore the Sub-License Agreement of 2015.
It was also pointed to the Hon'ble Court by the Counsels for Nuziveedu that even the Respondent has preferred an appeal against the Single Judge Order and it would be appropriate that both the appeals are heard together. The Counsels for Nuziveedu pointed out that the Patent of Monsanto on Bollgaurd does not extend to seeds as the same was covered under Section 3(j) of the Patents Act and that they do not enjoy any right under the Protection of Farmers' Rights and Plant Varieties Act. Nuziveedu is in the business of making seeds, which carries the Bollguard trait and the same is a matter of Plant Varieties Act.
The Hon'ble Division Bench enquired from the parties if it would be feasible if both parties agree to dispose of both the appeals together in a timely manner with each side being allotted 30 minutes each to advance their argument with advance copies of Written Submission not exceeding seven pages. Based on the consent of the Counsels, the Hon'ble Court adjourned the matter to April 26, 2017 for arguments and disposal of the appeal.