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Delhi High Court - Orders

Jsw Mg Motor India Private Limited vs The Registrar Of Trade Marks & Anr on 29 October, 2025

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~40
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    C.A.(COMM.IPD-TM) 72/2025 & I.As. 26622-23/2025
                               JSW MG MOTOR INDIA PRIVATE LIMITED              .....Appellant
                                             Through: Mr. Zeeshan Hashmi, Ms. Mitali
                                                        Yadav, Mr. Ankit, Ms. Jyoti
                                                        Rajpurohit    and    Mr.     Kanishk,
                                                        Advocates
                                             versus
                               THE REGISTRAR OF TRADE MARKS & ANR. .....Respondents
                                             Through: Ms. Nidhi Raman, CGSC with Mr.
                                                        Om Ram and Mr. Mayank Sansanwal,
                                                        Advocates for R-1
                                                        Mr. G. S. Sahni, Advocate for R-2
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                             ORDER

% 29.10.2025 I.A. 26623/2025

1. Subject to the appellant filing the original/certified copies and true typed copies of dim documents sought to be relied upon within two (2) weeks from today, exemption is granted for the present.

2. The application is disposed of.

C.A.(COMM.IPD-TM) 72/2025

3. This is an appeal filed under Section 91 of the Trade Marks Act, 1999 and under Rule 156 of the Trade Marks Rules, 2017 challenging the order dated 10.07.2025 passed by the Registrar of Trademarks.

4. Learned counsel for the Appellant states that Appellant had moved an appropriate application notifying the change of the counsel on 06.06.2025. 4.1 He states that, however, the Video Conferencing link for the hearing dated 30.06.2025 was sent by Respondent no. 1 to the erstwhile counsel.

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 03/11/2025 at 22:04:54 4.2 He states that the Appellant's newly engaged counsel was unable to join the hearing at the link provided in the cause list, on 30.06.2025. 4.3 He states that the contemporary emails evidencing the attempts made by the newly appointed counsel on 30.06.2025 to join the hearing have been placed on record.

4.4 He states that the sole ground for passing the impugned order and treating the Appellant's application no. 5361012 as abandoned, was non- appearance of the counsel.

4.5 He states that the impugned order was sent by the Registrar to the newly appointed counsel

5. This Court is prima facie of the view that Appellant's counsel made reasonable attempts to join the proceedings on 30.06.2025 and his inability to remain present was not due to reasons attributable to the counsel.

6. Issue notice.

7. Learned counsel for Respondent no. 1 accepts notice. She seeks time to take written instructions on the submissions of the Appellant with respect to the filing of the change of counsel application dated 06.06.2025 and the date on which the said application was processed with the Registry.

8. Mr. G. S. Sahni, Advocate appears on advance service on behalf of the Respondent no. 2 and accepts notice.

9. Respondent no. 1 and Respondent no. 2 are at liberty to file their written submissions three (3) days prior to the next date of hearing.

10. List for consideration on 19.11.2025 in 'Supplementary List'.

MANMEET PRITAM SINGH ARORA, J OCTOBER 29, 2025/rhc/AM 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 03/11/2025 at 22:04:54