← Library
Madras High CourtWP/8966/2015disposed of

A.Murugan v. Union Of India

2022-11-22Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.11.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W .P.No.8966 of 2015 and M.P.No.1 of 2015 A.Murugan ... Petitioner Vs.

1.Union of India Rep. by the Controller of Patents Patent Office Branch at Chennai IP Buildings, GST Road Guindy, Chennai 600032 2.M/s.DOW GLOBAL TECHNOLOGIES INC 2040, DOW CENTER MIDLAND MICHIGAN 48674, U.S.A.

Rep. by Authorised Signatory ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, directing the 1st respondent herein to consider and pass orders on the Preliminary Objection Petition dated 10.03.2015 submitted by the petitioner herein against the Rule 137 Petition of the 2nd respondent herein before deciding the Patent Application No.IN0126/CHENP/2008.

Page No.1 of 4

For Petitioner : Mr.Kandhan Duraisami For Respondents : Mr.J.Madhanagopal Rao SPC for R1 No Appearance - R2

O R D E R

Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent herein to consider and pass orders on the Preliminary Objection Petition dated 10.03.2015 submitted by the petitioner herein against the Rule 137 Petition of the 2nd respondent herein before deciding the Patent Application No.IN0126/CHENP/2008 as limited prayer. 2.According to the petitioner, he has submitted a Preliminary Objection Petition dated 10.03.2015 and the same has to be considered by the 1st respondent before the grant of patent to the 2nd respondent. 3.If the 1st respondent has not granted any patent to the 2nd respondent and if the application filed for patent by the 2nd respondent is still pending, the Preliminary Objection Petition filed by the petitioner Page No.2 of 4

dated 10.03.2015 shall be considered before taking any decision in this matter.

4.With the above direction, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 22.11.2022 kas To The Controller of Patents Union of India Patent Office Branch at Chennai IP Buildings, GST Road Guindy, Chennai 600032 N.SATHISH KUMAR, J.

kas Page No.3 of 4

22.11.2022 Page No.4 of 4