Itc Limited v. Golden Tobacco Limited

Appl. No.2229 of 2021 in C.S.No.801 of 2015 Appl. No.2229 of 2021 C.S.No.801 of 2015 R.SUBRAMANIAN, J.

This application has been filed seeking permission to produce the order of the Intellectual Property Appellate Board dated 07.08.2020 passed in the application for rectification filed by the applicant. Heard Mr.C.Manishankar, learned Senior Counsel appearing for the applicant and Ms. V.Sharanya, learned counsel appearing for M/s.T.Poornam, learned counsel appearing for the respondent.

2. The document that is sought to be produced is the order of the Intellectual Property Appellate Tribunal dated 07.08.2020. The main objection is with regard to the procedural implication of the order passed by the Intellectual Property Appellate Board. The learned counsel appearing for the respondent would contend that the order will not have any effect on the present proceeding which is one for infringement. The said question has to be addressed only at the time of final disposal of the suit and I see no prejudice being caused to the respondent for production of order which is a Judicial proceeding. Hence this Application is allowed. The document namely only the order of the Intellectual Property Appellate Board dated 1/2 https://www.mhc.tn.gov.in/judis/

Appl. No.2229 of 2021 in C.S.No.801 of 2015 R.SUBRAMANIAN, J.

07.08.2020 in ORA/81/2016/TM/MUM and ORA/82/2016/TM/MUM, is permitted to be produced as a document in the present suit. Counsels to file a draft issues in the suit by 03.08.2021. 19.07.2021 jv Appl. No.6602 of 2015 C.S.No.801 of 2015 2/2 https://www.mhc.tn.gov.in/judis/