Norway firm to pay Rs 100 fine for false claim

The court also imposed a fine of Rs 100 on the Norway based firm.

By :  p arul
Update: 2017-07-24 20:11 GMT
The Special Courts from this date onwards shall comply the mandate of Section 35(1) of the Protection of Children from Sexual Offences (POCSO) Act in its letter and spirit, Justice Rathnakala has ordered.

Chennai: In a rare case a city court has prevented a Norway-based medical technology firm from making false statements regarding US-based medical equipment manufacturing firm. The court also imposed a fine of Rs 100 on the Norway based firm.

In the petition, Perfint Healthcare Pvt. Limited, represented by its Chief Executive Officer S. Nandakumar, submitted that the "the US based firm - Perfint Healthcare - is a world leader in planning and targeting solutions for image guided interventional procedures with an emphasis on oncology and pain care. Perfint's products are installed at some of the world's top hospitals.

He said, “The Norway based medical technology company - Neo Rad AS, has distribution  networks spread across Europe, USA and Asia and B. Rajavel Subramaniam, purportedly vice president (Sales) of  Neo Rad AS, were engaged in spreading rumours about Perfint Healthcare and its products”. “The technology used in the products of the Neo Rad and Perfint Healthcare are not similar," Nandakumar said.

Rajavel Subramaniam, earlier worked in Perfint Healthcare from October 2010 to July 2011 as manager, sales and marketing programme. Due to misconduct he was asked to tender his resignation and following this he resigned from the firm.

Subramaniam alleged that Perfint Healthcare committed irregularities to get a tender floated by Tamil Nadu Medical Service Corporation Limited. Similarly, he also sent e-mail to Senior Scientist at Dr Ram Manohar Lohia Institute of Medical Sciences, Lucknow, making untrue and baseless statements and allegations about products of the plaintiff.

Nandakumar sought permanent injunction restraining on Neo Rad AS and Rajavel Subramaniam from making any statements, written or verbal, disparaging the products, services or trade or deliberately harming the reputation of the Perfint Healthcare and seeking direction to Neo Rad AS and Rajavel Subramaniam to pay a token compensation of Rs 100. The Norway firm and Subramaniam had not appeared before the court and they were called absent and set exparte.

The II Additional Judge V. Charuhasini said the Neo Rad AS and Rajavel Subramaniam were in the habit of making false and misleading statements before various authorities against the products, services and business of Perfint Healthcare. Although the loss of reputation caused to the Perfint Healthcare is immense, it claimed a token sum as compensation from them. The judge has restrained them from making statements about Perfint Healthcare and its products and slapped a fine of Rs 100.

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