OnePlus has been granted permission to sell its OnePlus One in India, which has lifted the ban imposed by the New Delhi High court on December 16th. The divisional bench consisting of Justice Pradeep Nandrajog and Justice R K Gauba has asked the single judge who gave the previous order, to hear it afresh for two weeks from now on.
The court stated that "Unless the parties were given an opportunity to file their pleadings it wasn't appropriate to decide the injunction application finally."
Now the New Delhi High-court has requested OnePlus and Cyanogen to file their replies on the Micromax's application on interim stay, it also stated that the companies needed to be given an opportunity to file their point of view.
According to the Delhi high-court the bench informed " In view of the facts noted by us here in above, it would not be a case to grant an ad interim injunction, for the reason we were informed that mobile devices launched in India by Micromax are sold at around Rs 8,000 per piece and that by OnePlus at around Rs 22,000 per piece. The consumer of one product is mid-segment and of the other is high-end and thus prima-facie neither competes nor eats into territory of other"
"We dispose of the appeal setting aside the impugned order dated December 16, 2014, simultaneously restoring with a direction that within two weeks from today reply to application as also the written statement shall be filed not only by OnePlus but even by Cyanogen...," the bench said.
Earlier, New Delhi High-court had banned OnePlus from selling its OnePlus One mobile in India due to the case filed by the Micromax, which has the exclusive rights to sell their Cynaogen-based smartphones in India.
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