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2007 DIGILAW 1817 (DEL)

Keshavji Anandji Shah v. UOI

2007-10-05

S.RAVINDRA BHAT

body2007
JUDGMENT S. Ravindra Bhat, J. 1. Issue notice. Mr. Amit Jain, learned Counsel for the respondent accepts notice. In view of the order proposed counsel for the parties agree that the matter be heard today. 2. This writ petition challenges an order of the Intellectual Property Appellate Board made on 18.5.2007. By the impugned order the Board dismissed the petitioners appeal and upheld the orders dated 29.12.1999 passed by the Assistant Registrar of Trade Marks, Delhi in the course of a rectification application moved by the petitioner. The amendment was sought to counter claims moved by the second respondent. 3. In view of the order proposed I do not deem it necessary to set out the facts in detail. The second respondent apparently had obtained a "cease and desist" order against the petitioner on 19.11.1994. The latter filed an application for rectification on 7.1.1995. The rectification application continues to be pending it has not been decided as yet. In the meanwhile TM56 was filed by the Registrar i.e. the second respondent on 17.9.1998. He also filed another application TM16 on 26.10.1998. The amendment applications were heard and allowed on 29.12.1999. Being aggrieved the petitioner preferred an application in this Court in terms of Section 100 of the Trade Marks Act. That appeal was transferred to the Board which by the impugned order has rejected it. 4. During the course of hearing learned Counsel submitted that without pressing the petition on merits he would confine the petition for the relief of an appropriate order to the Assistant Registrar, to dispose of the rectification application in a time bound manner. I am of the opinion that the request is reasonable having regard to the fact that the rectification proceeding has been pending for the last 12 years. 5. In view of the above the Assistant Registrar of Trade Marks, Delhi is hereby directed to consider and decide the rectification application before him, being DEL 717 against Registered Trade Mark No. 371100 as expeditiously as possible and in any case not later than six months from today in accordance with law after considering the submissions of all the parties. All rights and contentions of the parties are hereby reserved. 6. The respondent No. 1. All rights and contentions of the parties are hereby reserved. 6. The respondent No. 1. i.e. the Appellate Board is directed to transmit the records in appeal as well as the original records pertaining to the rectification proceedings in question to the Registrar within two weeks. 7. The petition us disposed off in the above terms. Order dasti.