The Registrar Of Trademarks vs Ramya S.Moorthy
2024 Latest Caselaw 302 Mad

Madras High Court

The Registrar Of Trademarks vs Ramya S.Moorthy on 4 January, 2024

Author: D.Bharatha Chakravarthy

Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy

                                                                     WA Nos.3052 and 3028 of 2023

                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 04.01.2024

                                                          CORAM

                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                           AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                              WA Nos.3052 and 3028 of 2023


                     The Registrar of Trademarks
                     Trademark Registry
                     Intellectual Property Building
                     GST Road, Guindy, Chennai - 600 032.           : Appellant in both appeals

                                  Vs

                     1.Ramya S.Moorthy

                     2.Nirma Ltd.
                       Niramal House, Ashram Road, Ahmedabad
                       Gujarat - 380 009.                 : Respondents in both
                                                                appeals



                     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.



                     For the Appellants          :      Mr.AR.L.Sundaresan,
                                                        Additional Solicitor General




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                        WA Nos.3052 and 3028 of 2023

                                                    COMMON JUDGMENT

(Made by the Hon'ble Chief Justice)

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.

https://www.mhc.tn.gov.in/judis WA Nos.3052 and 3028 of 2023

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.

                                                           (S.V.G., CJ.)                (D.B.C., J.)
                                                                           04.01.2024
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No
                     tar

https://www.mhc.tn.gov.in/judis WA Nos.3052 and 3028 of 2023

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar)

WA Nos.3052 & 3028 of 2023

04.01.2024

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