Delhi High Court imposes costs of Rs. 3 lakhs on Dr. Wobben for withdrawing his appeals


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 Wobben has withdrawn these appeals after contesting the matter vigorously.

Justice Gita Mittal justified the costs on the grounds that judicial time had been wasted and that the respondents EIL had demanded costs for the time spent by them to argue the matter. The pertinent part of her order has been reproduced as follows: ‘However, it cannot be denied that valuable judicial time has been expended on hearing prolonged arguments on the respondents’ preliminary objection which were raised at the first instance with regard to maintainability of the three writ petitions before this court. The prayer of the respondents for award of costs appears to be justified.

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.

Prashant Reddy

Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

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