Emitech Gesellschaft Fur Emissionstechnologie Mbh v. Controller General Of Patents Designs And Trademarks And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.A.(COMM.IPD-PAT) 299/2022 EMITECH GESELLSCHAFT FUR EMISSIONSTECHNOLOGIE MBH ..... Appellant Through:

Mr. Manish Singh, Mr. Abhai Pandey, Mr. Varun Sharma, Mr. Manish Aryan, Mr. Gautam Kumar, Ms. Swati Mittal, Ms. Priyanka Anand, Ms. Shivani Singh and Mr. Dhruv Tandan, Advocates versus CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADEMARKS AND ANR ..... Respondents Through:

Ms. Nidhi Raman, CGSC with Mr. Zubin Singh, Advocate for UOI.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 23.01.2024 1.

Ms. Nidhi Raman, Central Government Standing Counsel for Union of India, states on instructions that in light of the grievances expressed by Appellant (as noted in the order dated 9th January, 2024), Respondents are agreeable to reconsider Appellant's application, without prejudice to their rights and contentions, 2.

In light of the above, the present appeal is disposed of with the following directions:

i) The impugned order dated 13th September, passed by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 12:09:46

Respondent No. 2 (Assistant Controller of Patents & Designs) is set aside. ii) The file is restored to its original number. The proceedings must be considered de novo after providing a fresh opportunity for hearing to the Appellant.

iii) Respondents shall decide the appeal within three months from today. All rights and contentions of the parties are left open. Respondents shall decide the matter uninfluenced by any observations made in the impugned order.

3.

With the above directions, the appeal is disposed of. SANJEEV NARULA, J JANUARY 23, 2024 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 12:09:46