Gujarat High Court
Choki vs Registrar on 6 September, 2010
Author: H.K.Rathod
Bench: H.K.Rathod
Gujarat High Court Case Information System
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SCA/994/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 994 of 2010
=========================================================
CHOKI
DHANI MOTELS(GUJARAT)PRIVATE LTD - Petitioner(s)
Versus
REGISTRAR
OF TRADE MARKS & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PRATIK Y JASANI for
Petitioner(s) : 1,
MR PS CHAMPANERI for Respondent(s) : 1,
MR
AR GUPTA for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 06/09/2010
ORAL
ORDER
Heard learned advocates appearing on behalf of respective parties.
In this matter, petitioner has challenged order passed by Deputy Registrar of Trade Mark dated 29th January 2010, Page 123 to 133. Against which, statutory appeal before Appellate Board is available to petitioner under section 91 of Trade Mark Act and under Section 95, Appellate Board has power to grant interim relief after satisfying condition incorporated in Section 95 of the Trade Mark Act. Therefore, only on this ground, petitioner is having alternative, effective, statutory and efficacious remedy, present petition is not entertained by this Court.
Learned advocate Mr. Jasani submitted that some time is consumed in filing present petition, therefore, some observation is necessary which may consider by appellate board for considering question of delay in filing appeal to appellate board.
Therefore, let petitioner may approach appellate board and time consumed in filing present petition and time spent, let appellate board may also consider it while considering application of delay which will be filed by petitioner.
In view of above observation and direction, present petition is disposed of by this Court.
[H.K. RATHOD, J.] #Dave Top