Madhusudan P Patel v. The Registrar Of Trademarks
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.M.P.No.13982 of 2025 in CMA(TM)No.21 of 2024 Madhusudan P Patel Trading As: NIKI IMPEX Formerly known as M/s.P.J.Timbers and Ply, NIKI Impex, No. 28/A-1, J.P. Nagar 3rd Phase, Bannerghatta Main Road, B.T.M. Circle, Bangalore 560076, Karnataka.
... Petitioner -vs1. The Registrar of Trademarks, Intellectual Property Building, G.S.T. Road, Guindy, Chennai 600 032.
2. Geeta Plyboards Pvt. Ltd., No.7-65, 1st Floor, Haripriya Complex, Habsiguda X Road, Hyderabad 500007, Andhra Pradesh.
... Respondents Prayer : Petition is filed under Order V Rule 20 of the C.P.C., to permit the petitioner/appellant to serve the notice to the 2nd respondent by publication in any one vernacular language newspaper publication in 1/4
C.M.A.(TM)No.21 of 2024.
For Petitioner : Mr.C.Ramesh
ORDER
The 2nd respondent is a Private Limited Company based in Hyderabad. At the hearing on 15.04.2025, it was recorded that the notice sent to the address specified in the cause title was returned unserved with the endorsement "no such person". It was further recorded that the address mentioned in the cause title tallies with the address contained in the records of the Ministry of Corporate Affairs. The petitioner/appellant was permitted to file the present application in those circumstances.
2. By considering the aforesaid, the present application is liable to be allowed. Therefore, the petitioner/appellant is permitted to effect substituted service of notice on the 2nd respondent by publication in one Telugu daily and one English daily with reasonable circulation in the city of Hyderabad. Such notice shall specify the next hearing date as 24.07.2025. In addition, the petitioner shall affix the notice on the court notice board and last known 2/4
address.
3. List the matter on 24.07.2025.
19.06.2025 kj To The Registrar of Trademarks, Intellectual Property Building, G.S.T. Road, Guindy, Chennai 600 032.
SENTHILKUMAR RAMAMOORTHY,J 3/4
kj C.M.P.No.13982 of 2025 in CMA(TM)No.21 of 2024 19.06.2025 4/4