Calcutta High Court
Dudheria Textile Private Limited vs The Registrar Of Trade Marks & Ors on 3 August, 2023
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OCD-26
ORDER SHEET
IPDTMA 76 of 2023
IA No.GA 1 of 2023
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION
ORIGINAL SIDE
(COMMERCIAL DIVISION)
DUDHERIA TEXTILE PRIVATE LIMITED
VS.
THE REGISTRAR OF TRADE MARKS & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 3rd August, 2023.
Mr. Sayantan Basu, Mr. Tanmoy Roy, Mr. Koushik Mukherjee,
Advocates for the appellant.
The Court : This is an appeal under Section 91 of the Trade Marks
Act, 1999 arising out of an order dated 23rd January, 2023 by which the
appellant's application for registration was rejected. The appeal has been
filed beyond the statutory time period provided. The appellant is seeking
condonation of delay in filing the appeal so that the appeal may be admitted
and heard on merits.
It appears from the affidavit of service filed in Court today and taken
on record that the respondents have been served. However, none of the
respondents are represented.
In the aforesaid facts and circumstances, only for the ends of justice, the appellant is directed to serve the respondents once more with a copy of the application for condonation of delay through speed post with 2 acknowledgement due and in addition thereto if possible through messenger as all the parties are from Kolkata. Let this matter appear on 24th August, 2023.
On the returnable date the appellant is directed to file an affidavit to demonstrate service on the respondents. It is made clear that in the event the respondents remain unrepresented despite service, the application for condonation of delay will be taken up in their absence and dealt with by passing appropriate orders.
(ARINDAM MUKHERJEE, J.) pa