Shabeer Ahmad Bhat vs Sushil Kumar Pathak on 29 November, 2023

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Delhi High Court - Orders

Shabeer Ahmad Bhat vs Sushil Kumar Pathak on 29 November, 2023

Bench: C.Hari Shankar

                             $~29
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         C.O. (COMM.IPD-TM) 453/2022
                                       SHABEER AHMAD BHAT                      ..... Petitioner
                                                   Through: Mohd. Shahid Khan, Ms. Vidhi
                                                   Jain and Mohd. Affan, Advs.

                                                                            versus

                                       SUSHIL KUMAR PATHAK              ..... Respondent
                                                    Through: None
                                       CORAM:
                                       HON'BLE MR. JUSTICE C.HARI SHANKAR
                                                                            ORDER

% 29.11.2023 I.A. 23735/2023 (modification/correction of order dt. 31.10.2023)

1. This is an application for correction of an inadvertent error which crept in para 3 of the order dated 31 October 2023 passed by this Bench in IA 20948/2023. The said paragraph reads thus:

"3. Clause 4 (e) of the MoU records the undertaking of parties 6 to 14 to assign the trademarks which had been registered in the name of Sushil Kumar Pathak, the husband of Party No. 7, in favour of Globiotech International by 31 December 2023, on payment being made by parties 1 to 5 in terms of the MoU."

2. The application points out that assignment of the trademark was required to be in favour of M/s Glow Biotech Ltd instead of Globiotech International, as noted in the said paragraph. Though there is no appearance on behalf of the respondent, as this is an apparent error, the application is required to be allowed. Accordingly, para 3 of the order dated 31 October 2023 shall stand corrected to read thus:

C.O. (COMM.IPD-TM) 453/2022 Page 1 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:32:10

"3. Clause 4 (e) of the MoU records the undertaking of parties 6 to 14 to assign the trademarks which had been registered in the name of Sushil Kumar Pathak, the husband of Party No. 7, in favour of M/s Glow Biotech Ltd by 31 December 2023, on payment being made by parties 1 to 5 in terms of the MoU."

3. The application is allowed accordingly. Let the copy of this order be forwarded to the respondent as well as to its learned Counsel by all modes including email.

C.HARI SHANKAR, J NOVEMBER 29, 2023 rb Click here to check corrigendum, if any C.O. (COMM.IPD-TM) 453/2022 Page 2 of 2 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:32:10

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Delhi High Court - Orders