25.08.2025 Court No.13 Item No.14 AP MAT 1680 of 2022 With CAN 1 of 2022 Kanishk Sinha Vs. State of West Bengal & Ors. Mr. Kanishk Sinha … For the Appellant (In-Person). 1. The appeal is directed against a judgement and/or order dated 29th September, 2022 disposing of a writ petition filed by the manufacturers of e-rickshaws/e- vehicles seeking a direction upon the registering authority at Kolkata to register the same. 2. The writ petition was preceded by three civil proceedings. The first of which is CS No.388 of 2014 filed in this Court in the Original Side by the appellant patent holder of the said e-rickshaws seeking damages and injunction against the writ petitioner herein for infringing upon his patent and manufacturing without a licence issued by him. 3. In the said suit a Single Bench of this Court initially passed an order on 17th June, 2015 restraining the manufacturer writ petitioner from manufacturing any such e-rickshaws/e-vehicles. The order was vacated on 18th July, 2018 inter alia on condition that the manufacturer would have to file audited statement of accounts of the vehicles manufactured by him. 2 4. Since the manufacturer did not comply with the order, furnishing statement of accounts, the injunction was restored and the conditions in the order dated 27th August, 2018 discharged. 5. The appellant/patent holder thereafter filed a civil suit in the District Court at Alipore in TS 27 of 2018 once again seeking injunction against the State, Centre and Union Territories from registering the e-rickshaws/e- vehicles manufactured by the writ petitioner herein, since they did not have any licence or permission from him. 6. The District Court at Alipore granted injunction and also directed interim mandatory injunction directing the registering authority to register all such the vehicles in the name of the appellant. 7. In a PIL being WP 4102 (W) of 2018 and a connected RVW 144 of 2018, a Division Bench of this Court has modified its earlier order to the effect that without prejudice to the rights and contentions of the appellant in any other jurisdiction, the registration of e-vehicles may be done by the motor vehicles authorities within a cutoff date. 8. In the backdrop of the several civil proceedings, this Court is of the clear and unequivocal view that as to whether the appellant is the patent holder with exclusive rights to issue licence to manufacturers of e-vehicles under his patent, or whether there is any compulsory licensing ordered by the State, and to what extent the appellant is 3 entitled to be compensated by the manufacturers and users of the vehicles under question, are disputed questions of fact that would only be decided in the pending civil suits and not under the writ jurisdiction under Article 226 of the Constitution of India. 9. Leaving all questions open for being agitated in the pending civil suits or before the statutory fora under the Patents Act, this Court is inclined to vacate and set aside the impugned order dated 29th September, 2022. Accordingly, WPA 22109 of 2022 is hereby dismissed. 10. Hence, MAT 1680 of 2022 is allowed. Consequently, connected pending application being CAN 1 of 2022 is disposed of. 11. There shall be no order as to costs. 12. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)