HC seeks Monsanto's reply on Nuziveedu seeds' plea on CCI

Monsanto Holdings Pvt Ltd was on Monday asked by Delhi High Court to respond to a plea of Nuziveedu Seeds Ltd seeking vacation of its interim order asking the Competition Commission of India not to pass a final order in a matter relating to alleged abuse of dominance by Monsanto's Indian arm

New Delhi: Monsanto Holdings Pvt Ltd was today asked by Delhi High Court to respond to a plea of Nuziveedu Seeds Ltd seeking vacation of its interim order asking the Competition Commission of India not to pass a final order in a matter relating to alleged abuse of dominance by Monsanto's Indian arm.

Justice Manmohan issued notice to Monsanto and sought its reply within a week on Indian seed company Nuziveedu's plea seeking vacation of the February 29 decision of the high court, which had also said that any interim order of CCI shall not be given effect to without the leave of the court.

The court had, however, allowed CCI to carry on with its probe and hearings in the matter in which the commission had on February 18 ordered a detailed probe into the alleged abuse of dominance by the firm's Indian arm, Mahyco Monsanto Biotech India Limited (MMBL).

The February 29 order was passed by the high court on Monsanto's plea challenging CCI's February 18 order.

Monsanto, a US-based genetically modified seed giant, had contended before the court that CCI does not have the jurisdiction to deal with matters pertaining to intellectual property, like patents and trade marks.

Nuziveedu today told the court that a division bench of the High Court has held that CCI does have the jurisdiction to deal with patent matters.

It also said that the interim order was appealable before the Competition Appellate Tribunal (COMPAT).

Monsanto, represented by senior advocate Pratibha M Singh, told the court that Nuziveedu has moved another application in a separate civil suit between the two for reinstatement of the licence between them.

Singh told the court that Monsanto would be making a proposal to Nuziveedu regarding the licence agreement.

Justice Manmohan, thereafter, listed the matter for further hearing on May 5.