The United State & Playing Cara Co vs M/S. Asha Industries & Anr on 14 June, 2019

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Bombay High Court

The United State & Playing Cara Co vs M/S. Asha Industries & Anr on 14 June, 2019

Bench: K.R.Shriram

                                                 1/2                             25.COMIP-3-1993.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 ORDINARY AND ORIGINAL CIVIL JURISDICTION
                         IN ITS COMMERCIAL DIVISION
                           COMMERCIAL IP SUIT NO.3 OF 1993
The United State & Playing Cara Company                         ....Plaintiff
          Vs.
M/s. Asha Industries and Anr.                                   ....Defendants
                                    ----
Mr. Ramesh Gajaria i/b. Gajaria and Company for plaintiff.
Mr. Hemant Thadhani a/w. Mr. Jay Shah i/b. M/s. Shantilal and Company
for defendants.
                                    ----
                                      CORAM : K.R.SHRIRAM, J.

DATE : 14th JUNE 2019 P.C.:

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 29 th August 2016 together with this order to Registrar of Trade Marks.





Gauri Gaekwad




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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 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.

(K.R. SHRIRAM, J.) Gauri Gaekwad ::: Uploaded on - 17/06/2019 ::: Downloaded on - 21/07/2019 10:54:33 :::

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