Bombay High Court
Shakti Zarda Factory India Pvt Ltd vs Union Of India, Ministry Of Commerce And ... on 25 March, 2026
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
Digitally
signed by
GAURI AMIT
GAURI GAEKWAD
AMIT Date:
GAEKWAD 2026.03.27 918.WPL-39654-2025.odt
12:26:17
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.39654 OF 2025
Shakti Zarda Factory India Pvt. Ltd. ....Petitioner
Versus
Union of India & Ors. ....Respondents
----
Mr. Hamza Lakdawala (through video conferencing) for the
Petitioner.
Ms. Leena Patil for the Respondent - Union of India.
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CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 25th MARCH, 2026
P.C. :-
1. The stand taken by the Petitioner is that this Petition has been filed only for seeking directions. The Petitioner claims to have preferred an Appeal against the order dated 23rd September, 2019, whereby recognition of the trademark 'SWAGAT' as a well- known mark, was refused. The said Appeal was claimed to be filed via email on 25th March, 2020 before the Intellectual Property Appellate Board (IPAB). Upon abolition of the Board, all matters are said to have been transferred to the High Court in view of the change in jurisdiction. The Petitioner claims that the Appeal paper book preferred before the Board is untraceable. The question of Gauri Gaekwad 1 of 3 ::: Uploaded on - 27/03/2026 ::: Downloaded on - 28/03/2026 01:20:28 :::
918.WPL-39654-2025.odt limitation would arise if the Petitioner is required to directly file a fresh Writ Petition before this Court.
2. We are of the view that unless the filing of the Appeal is traced, we cannot consider permitting the Petitioner to file a Writ Petition on the presumption that such an Appeal was filed before the IPAB within limitation, and that the filing of the Writ Petition would be in continuation thereof.
3. In view of the above, we direct the Prothonotary and Senior Master of this Court to call for a report about the purported filing of the Appeal by the Petitioner, from the Registry of the IPAB at Chennai, the details of which are as under :
Intellectual Property Appellate Board Address : I, 2nd Floor, Guna Complex, 443, Anna Salai, Annexe, Teynampet, Chennai, Tamil Nadu - 600 018 Email Address : [email protected] Let the report be called for via email from the Registry of the IPAB. A copy of this order shall also be forwarded to the said Gauri Gaekwad 2 of 3 ::: Uploaded on - 27/03/2026 ::: Downloaded on - 28/03/2026 01:20:28 :::
918.WPL-39654-2025.odt Registry by email.
4. List this Petition on 15th June, 2026.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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