The Himalaya Drugs Com.Trademarkandanr. v. Shalaj Nathaniel

W.P.(Art.227)No.3396/2010 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.3396 of 2010

1. The Himalaya Drugs Company Trademark / Registered Trade Mark- M.M.I. Corporation Licence Users, the Himalaya Drugs Company, Head Office Bangalore.

2. Philip Hedan, Managing Director, The Himalaya Drugs Company, Makali, Bangalore.

3. Rakesh Kumar Vachher, Zonal Manager of The Himalaya Drugs Company, 43 W, Duplex, Near Nanda Nagar Church, Indore, At present 6 Madhav Residency, Gaikwad Nagar, Aundh, Pune (M.H.)

4. Sandeep Akolekar, RM of The Himalaya Drugs Company, MIG-2, Shaker Nagar, Raipur.

(Non-applicants) ---- Petitioners

Versus

Shalaj Nathaniel, aged about 37 years, S/o Shanel Nathaniel, R/o Civil Lines, Burgess School Compound, Tahsil and Distt. Bilaspur.

(Applicant) ---- Respondent For Petitioners:

Mr. Parag Kotecha, Advocate.

For Respondent: Mr. Harsh Wardhan, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/02/2017

1. The Labour Court by the impugned order has held that the petitioner Company is not duly represented and its Vakalatnama filed is not duly authorised and opportunity to defend has been closed.

2. Learned counsel for the petitioners submits that the petitioners will file fresh Vakalatnama duly authorised by the petitioner

W.P.(Art.227)No.3396/2010 Company.

3. In view of the above, in the interest of justice, the impugned order is set aside and the Labour Court is directed to proceed further strictly in accordance with law and the petitioners shall be allowed to defend themselves. The Labour Court will do well to decide the dispute within three months from the date of receipt of a copy of this order.

4. With the aforesaid direction, the writ petition stands disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Soma