After series of distressing events, looks like OnePlus can finally have a merry Christmas in India after all. Delhi High court as lifted sales and import ban on OnePlus and the company can resume normal functioning as of now.
A bench headed by Justice Pradeep Nandrajog noted that ad-interim injunction without allowing both OnePlus and Micromax to present their sides and file their pleadings, especially when products from both companies don’t interfere or directly compete with one another.
“In view of the facts noted by us herein 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.”
The hearing will resume two weeks from now and the court has also asked Cyanogen Inc to file a written statement. The bench acknowledged that a proper debate needs to take place, taking into account OnePlus agreement with Cyanogen as well.
OnePlus claims that the version of Cyanogen on the One is different from that on Micromax YU devices, while Micromax claims that its exclusive deal with Cyanogen in India supersedes any agreement between Cyanogen and OnePlus, in India.
The whole episode started when Cyanogen abruptly signed a deal with Micromax to exclusively use Cyanogen in India, just days before OnePlus launch in India. Cyanogen was criticized for its ambiguous statements thereafter, until all was sorted out to mean that OnePlus sold in India won’t get any updates. Couple of weeks later the issue again came under spotlights when Micromax sued OnePlus for using Cyagogen Mod in India.
OnePlus asked for 3 months time to sell its pending stock and develop new ROM for India, but Micromax didn’t agree with this. The hearing will start afresh in 2 weeks and looks like OnePlus can resume normal functioning at least for next few weeks.