Chinese phonemaker Shenzhen OnePlus told the
Delhi high court that its version of the Cyanogen operating system (OS) is
different from the one that Micromax has an exclusive licence to for use in
India.
Shenzhen was recently restrained by the High
Court from selling its devices in India on Gurgaon-based phonemaker Micromax
Informatics Ltd’s plea that its exclusive rights were being infringed by the
Chinese company.
The Chinese company said that while its
handsets were embedded with the CM11S version of the Cyanogen software,
Micromax had a different version, and added that this point was not submitted
before the single judge who had passed the restraining order.
It also argued before a bench, headed by
Justice Pradeep Nandrajog, that the exclusivity clause in the agreement between
Micromax and US-based software firm Cyanogen only means that Cyanogen cannot
collaborate with any another mobile maker in India.
“It does not mean that we cannot do business,”
senior advocate Kapil Sibal, appearing for Shenzhen, said.
He, however, suggested that his client be
given three months time to sell its stock as well as develop another software
to substitute Cyanogen, a specialised form of the Android operating system.
The matter was listed for further hearing
tomorrow.
During the proceedings, the bench observed
Cyanogen has not been fair to both Shenzhen as well as Micromax as the US-based
firm entered into an exclusive use agreement with the Indian company when it
already had an arrangement with the Chinese mobilemaker.
“Your client (Cyanogen) did not show fairness
to either Micromax or Shenzhen. If this is how you want to proceed, that is
wrong,” the bench said to the counsel for the US firm.
