M/S. Shambhunath And Bros., v. Jai Rajendra Impex Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE P. DHANABAL M/s.Shambunath & Bros.
A registered partnership firm having its principal place of business at 47, Biplabi Anukul, Chandra Street, Kolkata - 700 072.
... Petitioner Vs.
1.Jai Rajendra Impex Pvt. Ltd., A company incorporated under the Companies Act, 1956, having its registered office at Plot No.60, CIE, Gandhinagar, IDA, Hyderabad - 500 037, Andhra Pradesh.
2.The Deputy Registrar, Trademarks Registry, Chennai, Intellectual Property Rights Building, Industrial Estate SIDCO RMD, Godown Area, G.S.T. Road,
Guindy, Chennai - 600 032.
... Respondents Prayer in C.M.P.No.14469 of 2024 : Civil Miscellaneous Petition filed under Section 5 of Limitation Act to condone the delay of 22 days in filing the Letters Patent Appeal in L.P.A.SR.No.48162 of 2024 against the judgment dated 07.02.2024 passed in (T) OP (TM) No.20 of 2023 (ORA/137/2011/TM/CHN).
Prayer in L.P.A.SR.No.48162 of 2024 : Letters Patent Appeal filed under Clause 15 of the Letters Patent against the judgment dated 07.02.2024 passed in (T) OP (TM) No.20 of 2023 (ORA/137/2011/TM/CHN). For Petitioner :
Mr.Ashok Kumar J. Daga For R1 :
Mr.Hemant Daswani
O R D E R
(Order of the Court was made by S.S. SUNDAR, J.) This Civil Miscellaneous Petition is filed to condone the delay of 22 days in filing the above Letters Patent Appeal against the judgment dated 07.02.2024 passed in (T) OP (TM) No.20 of 2023 (ORA/137/2011/TM/CHN).
2.This Court is convinced with the reasons stated in the affidavit filed in support of the petition. Though the contesting respondent has serious objections as to the maintainability of the Appeal, he has no serious objection for condoning the delay. Therefore, subject to the respondent's right to raise his objections on the maintainability of the Appeal, this petition is ordered.
(S.S.S.R., J.) (P.D.B., J.) 05.12.2024 mkn Internet : Yes
S.S. SUNDAR , J.
and P. DHANABAL , J.
mkn 05.12.2024