Registrar of Trademarks, Chennai v. Ramya S. Moorthy
2024-01-04
D.BHARATHA CHAKRAVARTHY, SANJAY V.GANGAPURWALA
body2024
DigiLaw.ai
JUDGMENT (Prayer: Writ appeals filed against the order of the learned Single Judge dated 10.08.2023 in W.P.(IPD) Nos.3 and 4/2023.) Common Judgment: Sanjay V. Gangapurwala, C.J. 1. We have heard Mr.AR.L.Sundaresan, learned Additional Solicitor General, for the appellant. 2. On the last date, we confronted the learned Additional Solicitor General with a query about the maintainability of the writ appeals at the behest of a quasi judicial authority, i.e. the Registrar of Trademarks. 3. The learned Additional Solicitor General submits that the appeals are filed on legal ground as to the interpretation of Rule 18(2) of the Trade Marks Rules, 2017. 4. The present appellant is not an adversarial litigant in the writ petitions filed by the present the first respondent. The first respondent had filed the writ petition against the second respondent. The present appellant was made a proforma respondent. 5. It would not be open for the present appellant to assail the order passed by the learned Single Judge. 6. Reference could be had to the judgment of the Apex Court in the case of Gridco Ltd v. Western Electricity Supply Company of Orissa Ltd and others (2023 SCC Online SC 1249). 7. The judgment of the learned Single Judge is based on facts concerning the matter. The judgment is qua the parties. 8. In the light of the above, the writ appeals are disposed of. There shall be no order as to costs. Consequently, CMP Nos.25056, 25285 and 25288 of 2023 are closed.