Bhavya Development Processing v. The Registrar Of Trade Marks

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.01.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.29921 of 2014 Bhavya Development Processing Solutions (P) Ltd., rep. By Mr.P.Srinivas Rao .. Petitioner Vs.

1.The Registrar of Trade Marks Office of the Trade Marks Registry Intellectual Property Buildings G.S.T.Road, Guindy, Chennai 600 032.

2.The Delhi Public School Society F-Block East of Kailash New Delhi.

(Rs impleaded as per order dated 21.11.2014, in M.P.No.1/14 in W.P.No.29921/2014) .. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus to direct the respondent to pass suitable orders on the petitioner's representation dated 20.6.2014, and the Trade Mark Application dated 26.9.2007 by registering the said Trade Mark within a time-limit to be stipulated. For Petitioner : Mr.T.V.Sai Srunjan for M/s Giridhar And Sai Vivekmani For Respondents : Mr.R.Maheswari-R1 Sr.Central Govt. Standing Counsel No appearance - R2

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2.Heard Mr.T.V.Sai Srunjan, learned Senior Counsel appearing for the petitioner and Mrs.R.Maheswari, learned Senior Central https://hcservices.ecourts.gov.in/hcservices/

Government Standing Counsel for the first respondent. 3.Though several averments have been made in the affidavit filed in support of the Writ Petition, the petitioner seeks for a direction upon the first respondent to consider the representation dated 20.6.2014, which has been submitted to the first respondent through the Attorney. Though notice has been served on the second respondent and their name is printed in the cause list, none appeared for the second respondent.

4.Heard the learned Senior Central Government Standing Counsel appearing for the first respondent.

5.In the light of the above facts and taking note of the limited prayer sought for by the petitioner, there will be a direction to the first respondent to consider the petitioner's representation dated 20.6.2014, after notice to the petitioner and the second respondent and pass a reasoned order on merits and in accordance with law, as expeditiously as possible.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrarrpa To 1.The Registrar of Trade Marks Office of the Trade Marks Registry Intellectual Property Buildings G.S.T.Road, Guindy, Chennai 600 032.

2.The Delhi Public School Society F-Block East of Kailash New Delhi.

1 cc to Mr.R.Maheswari ,Advocate, SR.No.4990 W.P. No.29921 of 2014 vsn(co) pmk.21.2.2015 https://hcservices.ecourts.gov.in/hcservices/