Duluxgroup (Australia) Pvt.Ltd. v. The Senior Examiner Of Trade Marks, Mumbai

903-COMMP-1-23.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL MISCELLANEOUS PETITION NO. 1 OF 2023 Duluxgroup (Australia) Pty. Ltd.

...Petitioner

Versus

The Senior Examiner of Trade Marks, Mumbai ...Respondent ---------- Mr. Karan Khiani a/w Mr. Gaurav Mukherjee, Mr. Aditya Mahadevia i/by Rashmi Singh and Gaurav Pande for the Petitioner. Ms. Poushali Roychoudhury h/f Mr. Advait M. Sethna, Ms. Ruchi Rajput i/by Pranil Sonawane, Advait Sethna for the Respondent. ---------- CORAM :R.I. CHAGLA J DATE :29 September 2023 ORDER :

1.

By this Petition, the Petitioner is seeking to set aside the Respondent's order dated 18th September 2021 on the grounds SHARAYU PANDURANG KHOT mentioned in the Petition.

Digitally signed by SHARAYU PANDURANG KHOT Date:

2023.10.03 18:25:46 +0530 2.

The learned Advocate appearing for the Respondent states on instructions that the matter may be remanded back to the Respondent for de novo hearing and passing off the order after giving 1/2

903-COMMP-1-23.doc reasons.

3.

Accordingly, the following order is passed.:- (i) The impugned order dated 18th September 2021 is set aside.

(ii) Matter is remanded back to the Respondent/The Senior Examiner of Trade Marks, Mumbai for granting fresh hearing to the Petitioner and thereupon pass reasoned order which shall deal with the submissions of the Petitioner.

(iii)This exercise shall be completed by the Respondent within a period of 12 weeks from the date of this order.

(iv)Commercial Miscellaneous Petition is accordingly, disposed of. There shall be no order as to costs. [R.I. CHAGLA J.] 2/2