Pepsico India Holdings Pvt. Ld. vs Kavitha Kuruganti on 5 July, 2023
13. The learned senior counsel for the appellant submits that the
Authority exceeded its jurisdiction vested under Section 34 of the Act,
by re-evaluating the facts pertaining to the appellant‟s application for
registration of the FL 2027 potato variety. Placing reliance on the
judgement of this Court in Intellectual Property Attorneys
Association v. Union of India, 2014 SCC OnLine Del 1912, he
submits that the Registrar‟s powers under Section 20 of the Act in
dealing with an application for registration are quasi-judicial and/or
adjudicatory and not administrative powers. As the registration is
based on Registrar‟s best judgment, the Authority cannot substitute
the same.