2007 (1) TMI 506

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..... The manufacture is in terms of a licence granted by Honda Motors of Japan. The licence agreement between the parties provided for granting to Hero Honda "an indivisible and non-transferable exclusive right and licence to manufacture" using the "technical information" supplied by Honda Motors. The "technical information deemed necessary by licensor '(Honda Motors)' .....

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..... ELT 161 (Tri.-Del.) and in all those cases also the issue involved was whether transfer of licence to manufacture and the granting of technical information would come within the scheme of consulting engineer and the Tribunal held that these are not cases of consulting. The learned SDR points out that the same issue had come before this Tribunal in the case of Indian Farmers Fertilizer Co-operati .....

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..... the service has the character of consulting, quantification of that component is not available in the order. Therefore, even allocating a part of the demand towards consultation is not possible. That apart, if the decisions of the Tribunal are in conflict, stay would be warranted, since the legal position is not clear. In view of what is noted above, the stay application is allowed and requiremen .....

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