Troikaa Pharmaceutical Ltd. v. Asstt. Registrar of Trade Marks
2002-03-22
JAYANT PATEL
body2002
DigiLaw.ai
ORDER : Jayant Patel, J. The present petition is preferred by the petitioner for appropriate direction to the respondents to follow the provisions of Rule 11(3) of Trade & Merchandise Marks Rules, 1959, which, inter alia, provides for acceptance of fees by Postal Order. 2. Heard Dr. Acharya for the petitioner and Mr. M.R. Shah for respondents. The contention on behalf of the petitioner is that once under the Statutory Rule, mode of the payment is provided by way of Postal Order, it is not open to the respondent authority to decline the payment through Postal Order. However, on behalf of respondents, Mr. M.R. Shah, learned Addl. Central Govt. Standing Counsel has contended that since small amounts are involved in the postal orders and as the banks are not accepting the same, it becomes practically difficult for the office of the respondent No. 1 to make arrangement for encashment of the postal orders and, therefore, the respondent No.1 is insisting for the payment of fees by Cheque/Demand Draft. Rule 11(3) of Trade & Merchandise Marks Rules, 1959 reads as under : "Fees may be paid in cash or sent by money order addressed to the Registrar of Trade Marks or by postal order or by bank draft issued by, or by a cheque drawn and on guaranteed by, a scheduled bank as defined in the Reserve Bank of India Act, 1934 or at the discretion of the Registrar by a cheque drawn on such bank even though not so guaranteed, and if sent through post shall be deemed to have been paid at the time when the money order or the properly addressed and prepaid letter containing the postal order, or bank draft or cheque would be delivered in the ordinary course of post." 3. It is provided under the above rule that the payment of fees can be made by postal order and once the statute provides the mode of payment also by postal order it is not open to the respondent No. 1 or any authority constituted under the Act read with relevant rules to decline the acceptance of fees only on the ground that the same is tendered through postal order. Such practice on the part of the respondent No. 1 deserves to be highly deprecated and it must be condemned.
Such practice on the part of the respondent No. 1 deserves to be highly deprecated and it must be condemned. It is needless to state that the Governmental authorities are strictly bound to act as per Rules and if the rule provides for mode of payment of fees by postal order there is no earthly reason for the authority to decline the same under the pretext of practical difficulty. So long as the rules are not amended, it is obligatory for the respondents to accept the payment even by postal order if the party chooses to make payment by postal order. Therefore, it is directed that the payment of fees shall not be declined if the same is tendered by postal order as per Rule 11(3) of the Trade & Merchandise Marks Rules, 1959. 4. In view of the above, no further order is required to be passed and the petition is accordingly disposed of. There shall be no order as to costs.