The Delhi High Court while considering applications for withdrawal of 3 of Dr. Wobben’s appeals, granted liberty to withdraw all 3 appeals on the condition that the appellant (Dr. Wobben) pays costs of Rs. 50,000 each, to Enercon India Ltd. and the Government of India in each of the 3 appeals filed by him i.e. Rs. 1 lakh an appeal. The orders can be accessed over here, here and here. Image from here.
We had earlier reported on these appeals (here) and expressed our complete bafflement with the 3 appeals being filed before the Delhi High Court since it is only the Madras High Court which had the jurisdiction to hear the appeals against the orders of the Madras bench of the IPAB. The Delhi High Court had heard extensive arguments on the point of jurisdiction from both Dr. Wobben and Enercon India Ltd. before reserving the matters for judgment. However before the Court could deliver judgment, Dr. Wobben filed these withdrawal application in each of the three appeals. It is not clear why Dr. Wobben has withdrawn these appeals after contesting the matter vigorously.
The Delhi High Court has however granted Dr. Wobben leave to re-file the appeals before the Court of competent jurisdiction. It is thus most likely that Dr. Wobben will re-file these 3 appeals before the Madras High Court which is also hearing 9 other appeals filed by Dr. Wobben against the orders of the IPAB revoking 9 of his patents.
