Gujarat High Court
Medical Technologies Limited vs Neon Laboratories Limited on 8 August, 2013
Author: Anant S.Dave
Bench: Anant S. Dave
MEDICAL TECHNOLOGIES LIMITED....Applicant(s)V/SNEON LABORATORIES LIMITED C/CA/7601/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 7601 of 2013 In SPECIAL CIVIL APPLICATION NO. 11346 of 2013 ================================================================ MEDICAL TECHNOLOGIES LIMITED....Applicant(s) Versus NEON LABORATORIES LIMITED & 2....Respondent(s) ================================================================ Appearance: Mr. S.N. Soparkar, Senior Advocate, with MR YJ TRIVEDI, ADVOCATE for the Applicant Mr. Kamal Trivedi, Senior Advocate with MRS MAUNA M BHATT, ADVOCATE for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 08/08/2013 ORAL ORDER
Heard learned counsels for the parties.
In the context of the averments made in the Civil Application, on 23.7.2013 this Court passed the following order:
Mr. Y.J. Trivedi, learned advocate for applicant/original respondent No.2 state that in view of decision of Division Bench of Madras High Court in the matter of B. Mohamed Yousuff v. Prabhai Singh Jaswant Singh and ors. [2008 (38) PTC 576 (Mad.)] that, the writ petition being Special Civil Application No.7411 of 2012 and 11347 of 2013 and question involved therein to be considered by the Division Bench.
Learned advocate for opponents herein places reliance on Trade Marks Act, 1999 Section 91 and provisions of Gujarat High Court Rules, 1993 Part-I Chapter -I Rules 13, 15 and 21 in support of his submissions that the petition has to be entertained by the learned Single Judge and that there are instances that such petitions are taken up by learned Single Judge against the order passed by Intellectual Property Appellate Board (IPAB). In the above circumstances, opponent No. 1/original petitioner No.1 is granted time to file reply.
Stand over to 26.7.2013.
Opponent No.1 filed affidavit-in-reply on 6.8.2013. It is pointed out that in Special Civil Application No.3675 of 2011, where the following prayers was made Your Lordship be pleased to issue appropriate writ, order or direction quashing and/or setting aside the order bearing Number 09/2011 dated 13.1.2011 passed by the Ld. Intellectual Property Appellate Board (Circuit Bench sitting at Ahmedabad) in rectification petition bearing Number ORA/73/2008/TM/AMD filed by the petitioner for rectification of the respondent No.1's registered Trade Mark SWEET DREAM under Number 675303 in class 20.
a Division Bench [Coram: Hon'ble the Acting Chief Justice Mr. Bhaskar Thattacharya [as His Lordship then was] and Hon'ble Mr. Justice J. B. Pardiwala] passed the following order dated 19.12.2011:
Let this matter be released from the cause list, as the same is required to be heard by a learned Single Judge having appropriate determination.
In view of the rival contentions made by learned counsels for the parties on the issue as to where the matter is to be heard whether before a Single Judge or a Division Bench, the Registry is directed to place this matter before Hon'ble the Chief Justice for appropriate orders. It will be open for the parties to file note in the Registry in this regard, forthwith.
(ANANT S.DAVE, J.) SWAMY Page 3 of 3