Bombay High Court
The United State And Playing Cara Co vs M/S. Asha Industries And Anr on 14 January, 2021
Author: K.R. Shriram
Bench: K.R. Shriram
1/2 1.COMIP-3-1993.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO.3 OF 1993
The United States Playing Card Company ....Plaintiff
V/s.
M/s. Asha Industries and Ors. ....Defendants
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Mr. Ramesh Gajria a/w. Mr. Amol Dixit i/b. Gajria and Co. for plaintiff.
Mr. Minesh Andharia a/w. Mr. Jay Shah i/b. Shantilal and Co. for
defendants.
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CORAM : K.R. SHRIRAM, J.
DATED : 14th JANUARY 2021 P.C. :
1 On 14th June 2019, the following order came to be passed :
1. On 29th August 2016 the following order came to be passed :
1. The above Suit is pending since the last 23 years.
The Court is unable to proceed with the Suit since a Rectification Petition is pending before the Intellectual Property Appellate Board (IPAB). I am informed that the IPAB has not proceeded with the Rectification Petition since Application No.571038 is pending disposal before the Registrar of Trade Marks. In view thereof, the Registrar of Trade Marks is directed to dispose off Application No.571038 within a period of four weeks from today to enable the IPAB to proceed with the Rectification Petition.
2. A copy of this order shall be forthwith forwarded to the Registrar of Trade Marks and IPAB by the Advocates for the parties.
3. Stand over to 10th October, 2016.
2. Plaintiff is unable to even indicate whether the said order was even communicated to the Registrar of Trade Marks. Plaintiff shall, within one week from today, forward a copy of order dated 29th August 2016 together with this order to Registrar of Trade Marks.
3. I would expect the Registrar of Trade Marks to take up the application no.571038 forthwith and dispose of the application within six weeks of receiving the communication. The suit has Gauri Gaekwad 2/2 1.COMIP-3-1993.doc been pending for 26 years and is not making any progress because Registrar of Trade Marks has not disposed of application no.571038.
4. Stand over to 26th July 2019 for case management hearing. 2 Plaintiff's Trade Mark Attorney has placed on record a letter dated 19th June 2019 addressed to the Registrar of Trade Marks forwarding a copy of the order dated 14th June 2019, which has been delivered on 21st June 2019 as acknowledged by the Registrar's office. Mr. Gajria states that despite that nothing has been done further by the Registrar of Trade Marks.
3 In the circumstances, the Registrar of Trade Marks is directed to remain present either in person or online on the next date, i.e., 21 st January 2021, failing which such order as required to ensure his presence will be passed including notice for contempt will be issued against the Registrar of Trade Marks.
4 Plaintiff to forward a copy of this order to the Registrar of Trade Marks by hand delivery tomorrow itself. 5 Stand over to 21st January 2021.
6 All to act on authenticated copy of this order. Digitally signed by (K.R. SHRIRAM, J.) Gauri A. Gauri A. Gaekwad Gaekwad Date:
2021.01.14 15:13:01 +0530 Gauri Gaekwad