Gates Corporation v. The Senior Examiner Of Trade Marks, Mumbai

901-COMMP 4.2022.doc K.S. Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL MISCELLANEOUS PETITION NO.4 OF 2022 Gates Corporation

...Petitioner

Versus

The Senior Examiner of Trade Marks, Mumbai ...Respondent ---------- Mr. Karan Khiani a/w Mr. Aditya Mahadevia i/b Gaurav Pande, Advocate for Petitioner.

Mr. Shreyash Deshpande a/w Mr. Sandeep Raman i/b Mr. Advait Sethna, Advocate for Respondent.

---------- CORAM : R.I. CHAGLA, J.

DATE : 8TH AUGUST, 2023.

ORDER :

1.

By this Commercial Miscellaneous Petition, the Petitioner is seeking setting aside of the order dated 19th July, 2021 passed by the Respondent.

KAVITA SUSHIL JADHAV 2.

The learned Counsel for the Respondent on instructions by KAVITA SUSHIL JADHAV Date: 2023.08.11 18:36:50 +0530 states that the matter may be remanded back for fresh consideration. 1/2

901-COMMP 4.2022.doc 3.

In view of the above statement, the impugned order dated 19th July, 2021 is set aside and remanded back to the Respondent for fresh hearing of the Petitioner and passing of order which exercise shall be carried out within a period of eight weeks from the date of this order.

4.

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