Bombay High Court
The United State And Playing Cara Co vs M/S. Asha Industries And Anr on 11 February, 2021
Author: K.R.Shriram
Bench: K.R.Shriram
1/2 2.COMIP-3-1993.doc
Digitally
signed by
Meera Meera M.
Jadhav
M. Date:
Jadhav 2021.02.11
19:09:57
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO.3 OF 1993
The United State and Playing Cara Co. ....Plaintiff
V/s.
M/s Asha Industries and Anr. ....Defendants
Mr. Ramesh Gajaria a/w Mr. C. A. Brijesh and Mr. Amol Dixit for Plaintiff
Mr. Rashmin Khandekar a/w Mr. Minesh Andharia and Mr. Jay Shah i/b
Shantilal & Co. for Defendants
Mr. Ruil Rodriguez a/w Mr. D.P. Singh for Registrar and Joint Registrar (Mr.
Rajendra Ratnoo, Registrar and Mr. Satyendra Kumar Pandey, Joint
Registrar)
CORAM : K.R.SHRIRAM, J.
DATED : 11th FEBRUARY 2021 P.C. :
1 Pursuant to the order dated 21st January 2021, Registrar Mr. Rajendra Ratnoo and Joint Registrar Mr. Satyendra Kumar Pandey have filed their respective affidavits affirmed on 3rd February 2021 and 4th February 2021, respectively. The explanation offered in these two affidavits are accepted. 2 The Deputy Registrar of Trade Marks and G.I. has passed an order dated 4th February 2021 disposing the rectification petition filed by plaintiff in compliance with order dated 21st January 2021.
3 Mr. Gajaria and Mr. Khandekar state that IPAB has to now hear the matter and the suit had been stayed long ago. IPAB had not proceeded with the rectification petition since defendant's application before the Registrar of Trade Marks was still pending. Now that the application has been disposed Meera Jadhav 2/2 2.COMIP-3-1993.doc vide order dated 4th February 2021, IPAB should not have any impediment in going ahead with the rectification petition. Mr. Gajaria states that a copy of the order passed by the Deputy Registrar of Trade Marks and G.I. on 4 th February 2021 has been forwarded to the IPAB by email this morning and hard copy will be sent by courier before the end of this week. 3 Since the suit itself has been pending since 1993, IPAB is requested to dispose of the rectification petition filed by defendant as expeditiously as possible and in any case, within 6 months from today.
4 Mr. Gajaria and Mr. Khandekar state they shall also explore the possibility of amicably resolving the matter. If they do resolve, liberty is granted to apply to the court for listing the matter for filing consent terms / settlement, else, the matter be listed for directions on 27th August 2021.
(K.R. SHRIRAM, J.) Meera Jadhav