Lupin Limited vs Cassel Research Laboratories Limited
2023 Latest Caselaw 15324 Mad

Madras High Court

Lupin Limited vs Cassel Research Laboratories Limited on 29 November, 2023

Author: Senthilkumar Ramamoorthy

Bench: Senthilkumar Ramamoorthy

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 29.11.2023

                                                   CORAM

                        THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                              (T)CMA(TM)/60/2023
                                             (OA/10/2016/TM/CHN)


                     Lupin Limited,
                     Having its registered Office at
                     159, CST Road, Kalina, Santacruz (East),
                     Mumbai - 400 098.                                     ... Appellant

                                                      -vs-

                     1.Cassel Research Laboratories Limited,
                       P.K.19, Phase V,
                       Industrial Estate,
                       Ekkattuthangal, Chennai 600 032.

                     2.The Registrar of Trade Marks,
                       Trade Marks Registry,
                       Chennai Intellectual Property Office,
                       GST Road, Guindy, Chennai 600 032.               ... Respondents



                     PRAYER: Transfer Civil Miscellaneous Appeal (Trade Marks) filed

                     under Section 91 of the Trade Marks Act, 1999, praying to allow the


                     1/6


https://www.mhc.tn.gov.in/judis
                     present appeal and that the order dated 20th October 2015 be

                     quashed / set aside and that Registrar of Trade Marks be directed to

                     hear the Notice of opposition.


                                       For Appellant     : Ms.Antara Balaji
                                                           for M/s.Rajesh Ramanathan

                                       For Respondent 1 : Mr.Alagu Narayanan
                                                          for M/s.RRN Legal

                                       For Respondent 2 : Mr.K.Subbu Ranga Bharathi, CGSC


                                                         **********



                                                       JUDGMENT

The appellant challenges an order dated 20.10.2015 by which

Opposition No.MAS723075 was rejected and Application No.965225

in Class 5 was allowed in favour of the first respondent herein.

2. The principal ground on which the appellant challenges the

https://www.mhc.tn.gov.in/judis impugned order is that the appellant was not provided a reasonable

opportunity to present its case. In support of this contention, learned

counsel for the appellant referred to the hearing notice dated

20.01.2015 for a hearing on 18.02.2015 and pointed out that the said

notice was addressed to the counsel for the appellant. By referring to

page 322 of the appeal paper book (Ex.H-1), learned counsel

submitted that the notice was returned with the endorsement "left".

Learned counsel submits that the subsequent hearing notices were

also not served on the appellant.

3. Upon service of notice in the appeal, the first respondent

entered appearance through learned counsel and submitted a memo

dated 22.11.2023 stating that the first respondent is not interested in

pursuing the rectification proceedings.

4. The impugned order reflects the fact the opponent was not

represented during the hearings. In the above facts and

https://www.mhc.tn.gov.in/judis circumstances, it is just and necessary to provide an opportunity to

the appellant to contest the opposition. For such purpose, the

impugned order dated 20.10.2015 is set aside and the matter is

remanded for reconsideration by the second respondent.

5. (T)CMA(TM)/60/2023 is disposed of on the above terms

without any order as to costs.

29.11.2023

rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No

https://www.mhc.tn.gov.in/judis SENTHILKUMAR RAMAMOORTHY,J

rna

(T)CMA(TM)/60/2023 (OA/10/2016/TM/CHN)

https://www.mhc.tn.gov.in/judis 29.11.2023

https://www.mhc.tn.gov.in/judis