Madras High Court(T)CMA(TM)/19/2023dismissed for default

M/S. Manipal College Of Medical Sciences v. M/S. Manipal Group The Commercial Corporation Of India Ltd

2024-02-21Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2024

CORAM

MR.JUSTICE N.SESHASAYEE M/s.Manipal College of Medical Sciences Post Box No.341 Phulbari Pokhara 33701 Nepal ... Appellant in (T)CMA(TM)/19/20 M/s.Manipal Co-operative Bank Ltd.

Madhav Nagar MANIPAL 567119 ... Appellant in (T)CMA(TM)/121/20 Vs.

1.M/s.Manipal Group The Commercial Corporation of India Ltd.

S-501, Manipal Centre 47, Dickenson Road Bangalore 560 042 2.The Deputy Registrar of Trademarks Office of the Trade Marks Registry IPR Building Indl. Estate SIDCO RMD Godown Area Adjacent to Eagle Flask 1/4

G.S.T. Road, Guindy Chennai 600 032 ... Respondents in both CMAs PRAYER in (T)CMA(TM)/19/2023: Transfer Civil Miscellaneous Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act, 1999, praying to call for records, quash and set aside the order of the Deputy Registrar / 2nd respondent herein dated 27.02.2008 in opposition No.MAS-58812 to application No.659807B in Class 16 and consequently disallow and dismiss the Application No.659807B in Class 16 and costs of the opposition proceedings and the instant proceedings to the appellant. PRAYER in (T)CMA(TM)/121/2023: Transfer Civil Miscellaneous Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act, 1999, praying to call for records, quash and set aside the order of the Deputy Registrar / 2nd respondent herein dated 11.03.2008 in opposition No.

MAS-58814 to application No.659807B in Class 16 and consequently disallow and dismiss the Application No.659807B in Class 16 and costs of the opposition proceedings and the instant proceedings to the appellant. For Appellant : Mr.Arun C.Mohan in both CMAs For Respondents : Mr.A.R.Sakthivel in both CMAs SPC - R2 COMMON JUDGMENT There is no representation for the appellant for the second successive occasion.

2/4

2.Both the appeals are dismissed for default. There is no order as to costs. 21.02.2024 kas Index : Yes / No 3/4

N.SESHASAYEE, J.

kas 21.02.2024 4/4