Madras High Court
K.V.Sukumar vs The Registrar Of Trademarks on 8 February, 2022
W.A.No.188 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.188 of 2022
K.A.Velayudham (deceased)
1. K.V.Sukumar
2. M/s.Ambika Foods
Rep.by its Partner K.V.Sukumar
38/33, K.N.S. Estate, Karpagamabal Nagar
Mylapore, Chennai 600 004. .. Appellants
Vs.
1. The Registrar of Trademarks
Trademarks Registry
Industrial Estate SIDCO RMD
Godown Area, GST Road
Guindy, Chennai-32.
2. The Controller General of
Patents, Designs and Trademarks
Intellectual Property Bhavan
Near Antop Hill Head Post Office
S.M.Road, Antop Hill, Mumbai-37.
___________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.No.188 of 2022
3. Ambika Appalam Company
Old No.25, New No.4, Dr. Nair Road
T.Nagar, Chennai-17.
4. K.V.Vijayaraghavan
5. R.N.Jaya
6. K.V.Vyas .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the
order dated 29.11.2021 passed in W.P.No.12625 of 2019.
For Appellants : Mr.R.S.Rajesh
JUDGMENT
(Judgment was delivered by
the Hon'ble Acting Chief Justice)
By this writ appeal, a challenge was made to the order dated
29.11.2021, by which, the writ petition preferred by the appellants
was disposed of, by remanding the matter to the first respondent, as
requested by learned counsel for the writ petitioners-appellants,
with a direction to provide an opportunity of hearing to the writ
petitioners.
2. Learned counsel for the appellants submits that this appeal
___________
https://www.mhc.tn.gov.in/judis
W.A.No.188 of 2022
has been preferred for a limited prayer of status quo to be
maintained by the parties during the pendency of hearing by the
first respondent.
3. We have considered the submission made by learned
counsel for the appellants and perused the order.
4. The appeal has been filed only for an interim order of status
quo to be maintained by the parties during the pendency of hearing
of the case by the first respondent. No challenge to the order of the
learned Single Judge has been made. We do not find that the said
prayer was made before the learned Single Judge and was declined.
Rather, a perusal of the order passed by the learned Single Judge
shows that the prayer of the writ petitioners was to maintain the
impugned certificate issued by the first respondent, till the order is
passed by the first respondent, after hearing both the parties. Thus,
the limited prayer made now cannot be granted and for ready
reference, paragraph 8 of the impugned order is extracted
hereunder.
___________
https://www.mhc.tn.gov.in/judis
W.A.No.188 of 2022
"8. Considering the limited request made by the
petitioner and after perusing the Section 45 of the
Trademark's Act, 1999, this Court, without going into the
merits of the case and without quashing the impugned
certificate passed by the first respondent, is inclined to remand
the matter back to the first respondent. The first respondent
shall take a decision after affording sufficient opportunity to
both the parties by conducting a personal enquiry and shall
take a decision within a period of twelve weeks from the date
of receipt of the order."
5. The above quoted paragraph would show that the impugned
order has been passed by the learned Single Judge, as prayed by the
writ petitioners.
6. In the light of the aforesaid, we do not find a case for
passing of an order of the nature prayed for. Accordingly, the writ
appeal is dismissed.
(M.N.B., ACJ.) (D.B.C., J.)
08.02.2022
Index : Yes/No
___________
https://www.mhc.tn.gov.in/judis
W.A.No.188 of 2022
kpl/drm
To:
1. The Registrar of Trademarks
Trademarks Registry
Industrial Estate SIDCO RMD
Godown Area, GST Road
Guindy, Chennai-32.
2. The Controller General of
Patents, Designs and Trademarks
Intellectual Property Bhavan
Near Antop Hill Head Post Office
S.M.Road, Antop Hill, Mumbai-37.
___________
https://www.mhc.tn.gov.in/judis
W.A.No.188 of 2022
M.N.BHANDARI, ACJ
AND
D.BHARATHA CHAKRAVARTHY,J
(kpl)
W.A.No.188 of 2022
08.02.2022
___________
https://www.mhc.tn.gov.in/judis
