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Madras High Court(T)Rev.Pet(IPD)/3/2024dismissed for nonprosecution

S.Santhanakrishnan Trading As M/S. Ruby Agencies v. The Assistant Registrar Of Trademarks

2024-10-30Honourable Mr Justice K.Kumaresh Babu7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU (R.P.No.11/ 2018 in ORA.247/2010, R.P.No.3/2018 in SR No.64/2017 & R.P.No.2/2018 in SR No.63/ 2017) (T)Rev.Pet.(IPD)No.3 & 5 of 2024 S.Santhanakrishnan trading as M/s Ruby Agencies, 723/ 729, Kulathumettu Street, Karunthatangudi, Thanjavur - 613 002, Tamil Nadu.

... Review Petitioner (T)Rev.Pet.(IPD)No.9 of 2024 S.Santhanakrishnan trading as M/s Ruby Agencies, 729, Kulathumettu Street, Karunthatangudi, Thanjavur - 613 002, Tamil Nadu.

... Review Petitioner Vs 1.The Assistant Registrar of Trademarks, Page No: 1/7

Trade Marks Registry, Chennai.

2.S.Ramakrishnan, trading as M/s.Krishnan & Krishnan, 729, Kulathumettu Street, Karuthatangudi, Thanjavur - 613 002, Tamil Nadu.

... Respondents in all Review Petitions PRAYER in (T)Rev.Pet.(IPD)No.3 of 2024:- The Review Petition has been filed under Rule 3(1) of the Intellectual Property Appellate Board, Rules 2003, seeking for the following reliefs:- (a) This Hon'ble Board may be pleased to review the order abandoning appeal communicated to Review Petitioner under letter IPAB Case No:

Sr.No.62/2017/TM/CHN/4097 dated 02.06.2018;

(b) This Hon'ble Board may be pleased to restore/ reinstate the Appeal IPAB Case No. SR.

No.62/2017/TM/CHN filed by the Review Petitioner; (c) This Hon'ble Board may be pleased to give a final opportunity to the Review Petitioner to comply with the defects and thereby render justice and Page No: 2/7

(d) This Hon'ble Board pass any such further or other order.

PRAYER in (T)Rev.Pet.(IPD)No.5 of 2024:- The Review Petition has been filed under Rule 3(1) of the Intellectual Property Appellate Board, Rules 2003, seeking for the following reliefs:- (a) This Hon'ble Board may be pleased to review the order abandoning appeal communicated to Review Petitioner under letter IPAB Case No: Sr.No.64/2017/TM/CHN/4097 dated 02.06.2018;

(b) This Hon'ble Board may be pleased to restore/ reinstate the Appeal IPAB Case No. SR. No.64/2017/TM/CHN filed by the Review Petitioner;

(c) This Hon'ble Board may be pleased to give a final opportunity to the Review Petitioner to comply with the defects and thereby render justice and (d) This Hon'ble Board pass any such further Page No: 3/7

or other order.

PRAYER in (T)Rev.Pet.(IPD)No.9 of 2024:- (a) This Hon'ble Board may be pleased to review the order abandoning appeal communicated to Review Petitioner under letter IPAB Case No: Sr.No.63/2017/TM/CHN/4097 dated 02.06.2018;

(b) This Hon'ble Board may be pleased to restore/ reinstate the Appeal IPAB Case No. SR. No.63/2017/TM/CHN filed by the Review Petitioner; (c) This Hon'ble Board may be pleased to give a final opportunity to the Review Petitioner to comply with the defects and thereby render justice and (d) This Hon'ble Board pass any such further or other order.

In all Review Petitions:- For Review Petitioner : No appearance For Respondents : Mr.A.R.Sakthivel for R1 Page No: 4/7

SPCGSC : No appearance for R2

ORDER

These Revision Petitions were listed on 05.09.2024, the learned counsel who appeared on behalf of the Review Petitioner filed a Memo stating that he has no instructions and requested this Court to remove his name from the Cause list. Recording the said submission, the matters were directed to be listed on 03.10.2024 by issuing notice to the Review Petitioner. Again when the matters were taken up for hearing on 03.10.2024, Registry was directed to comply with the order dated 05.09.2024 and adjourned the matters after service to the Review Petitioner.

2. When the matters were again taken up for hearing on 23.10.2024, as there was no representation on behalf of the Review Petitioner, this case was posted to 28.10.2024. On 28.10.2024 also there was no representation for the Review Petitioner and directed the Page No: 5/7

matter to be listed under the caption "for dismissal". To give one more opportunity to the Review Petitioner, again the case was posted to 30.10.2024 under the same caption. Today, also there is no representation on behalf of the Review Petitioner. It appears that the Review Petitioner is not interested to prosecute the case. K.KUMARESH BABU ,J.

gba

3. Accordingly, this Revision Petitions are dismissed for nonprosecution. No costs. Consequently, connected miscellaneous petitions are also closed.

30.10.2024 gba Index : Yes/No Speaking order : Yes/No Page No: 6/7

(R.P.No.11/ 2018 in ORA.247/2010, R.P.No.3/2018 in SR No.64/2017 & R.P.No.2/2018 in SR No.63/ 2017) 30.10.2024 Page No: 7/7