HUNTINGTON ALLOYS CORPORATION vs UNION OF INDIA AND 3 ORS

Judgment text excerpt

1/15 WP-2086-21.odt Salgaonkar MANDIRA MILIND SALGAONKAR Digitally signed by MANDIRA MILIND SALGAONKAR Date: 2026.04.16 18:07:09 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2086 OF 2021 Huntington Alloys Corporation .. Petitioner Versus Union of India & Ors. .. Respondents … Mr.Rohan Kadam with Mr.Ishaan Paranjape, Ms.Jasmeet Kaur, Ms.Fatima Ali and Ms.Vinayika Shahi i/b Anand and Naik Co. for the Petitioner. Mr.Anil C. Singh, ASG with Mr.Yashodeep Deshmukh, Mr.Aditya Thakker, Ms.Apurva Gupte, Mr.Adarsh Vyas and Mr.Rutwik Rao i/b Anusha P. Amin for the Respondent Nos.1 to 4. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ. DATE : 07th APRIL, 2026 ... JUDGMENT (PER BHARATI DANGRE, J.) 1. Rule. Rule is made returnable forthwith, by consent. 2. The Petitioner, a Corporation incorporated under the laws of USA, is aggrieved by the order dated 18/11/2020 passed by the Deputy Controller of Patents and further order dated 06/04/2021 passed by the Department of Atomic Energy, thereby rejecting the Patent Application of the Petitioner dated 09/11/2010. 2/15 WP-2086-21.odt 3. Heard learned counsel Mr.Rohan Kadam for the Petitioner. According to Mr.Kadam, the orders passed by the Respondents suffer from lack of jurisdiction, non-application of mind and being unreasoned orders, are liable to be quashed and set aside. The challenge to the impugned orders is raised in the background facts that on 09/04/2008, the Petitioner filed an National Phase Patent application (PCT/US2009/040019) and it was allotted number IN’4211, which was published under Section 11-A of the Patents Act, 1970 (for short, “Act of 1970”). The Petitioner filed the request for examination of Application on 09/03/2012, but no steps were taken by the Authority