Rishabh Jain vs The Registrar Of Trade Marks And Anr on 1 March, 2023

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Delhi High Court - Orders

Rishabh Jain vs The Registrar Of Trade Marks And Anr on 1 March, 2023

Bench: Sanjeev Narula

                          $~16
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C)-IPD 67/2021 & CM APPL. 52733/2019
                                 RISHABH JAIN                                             ..... Petitioner
                                                    Through:     Mr. Ashish Chauhan and Ms. Sonal
                                                                 Chauhan, Advocates.

                                                    versus

                                 THE REGISTRAR OF TRADE MARKS AND ANR. ...Respondents
                                                    Through:     Mr. Manish Mohan, CGSC with Mr.
                                                                 Jatin Teotia, Advocate for UOI.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                              ORDER

% 01.03.2023 CM 22/2023 (seeking condonation of delay of 182 days) and CM 23/2023 (seeking waiver of cost as imposed vide order dated 05th July, 2022)

1. On 05th July, 2022, noticing gross delay on part of Respondent No. 1 in filing the counter affidavit, the Court, while allowing the request for extension of time, imposed a cost of Rs. 10,000/-. Respondent No. 1 however, did not abide by the said timeline and filed their counter affidavit only in December, 2022.

2. Considering the fact that counter-affidavit has been filed, delay of 182 days in filing the counter affidavit is condoned and counter affidavit of Respondent No. 1 is taken on record. However, since Respondent No. 1 did not adhere to the extended timelines, there is absolutely no ground to waive the cost imposed vide order dated 05th July, 2022.

3. Accordingly, CM 22/2023 is allowed and CM 23/2023 is dismissed.

Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:02.03.2023 20:20:04 W.P.(C)-IPD 67/2021

4. Rejoinder to counter affidavit of Respondent No. 1 be filed within a period of three weeks from today.

5. Notice could not be issued to Respondent No. 2 for want of process fee. Upon filing of requisite process fee, let fresh notice be issued to Respondent No. 2, by all permissible modes, returnable on 09 th May, 2023.

SANJEEV NARULA, J MARCH 1, 2023 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:02.03.2023 20:20:04

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Delhi High Court - Orders