R.V.Vinoth Kumar v. M/S.Kallal Hospitalities Private Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY R.V.Vinoth Kumar Sole Proprietor of Manjal, No.6/9, Kasturi Estate 3rd Street, Poes Garden, Chennai- 600 018.
... Petitioner -vs1. M/s.Kallal Hospitalities Private Limited, Having Office at New No.2/4, Old No.101/4, Ganesh Apartment, Kanagasree Nagar, Cathedral Road, Gopalapuram, Chennai-600 086.
2. The Registrar of Trademarks, Office at the Trademarks Registry, IPR Building, Industrial Estate, SIDCORMD, GST Road, Guindy, Chennai- 32.
.. Respondents Prayer: Writ Petition (IPD) filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 2nd respondent to dispose of Rectification Petition No.277218 of 2022 within the time limit fixed by this Court.
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For Petitioner : Mr. Vijayan Subramanian For R1 : Mr.P.Vasantha Kumar Visweswaran For R2 : Mr.J.Madanagopal Rao, SPC
ORDER
By this writ petition, the petitioner seeks a direction to the 2nd respondent to dispose of rectification petition No.277218 of 2022 in relation to Trade Mark No.5231371 for the trade mark MANJAL RESTAURANTS.
2. In the affidavit in support of this petition, the petitioner has set out details relating to the prosecution of the rectification petition at paragraph 23 of the affidavit. The said details reveal that evidence was adduced by both parties by 07.03.2024. Learned counsel for the petitioner, therefore, submits that the next step is to fix a date for oral arguments.
3. Without prejudice to the merits of the matter, learned counsel for the 1st respondent submits that the said respondent has no objection to the expeditious disposal of the rectification proceedings. 2/4
4. Learned counsel for the petitioner seeks permission to place before the Registrar of Trademarks the affidavit dated 16.12.2024 of the 1st respondent and order dated 09.04.2025 in Application No.5489 of 2024 in C.S.(Comm.Div.)No.109 of 2024.
5. In these circumstances, this writ petition is allowed by directing the 2nd respondent to dispose of rectification petition No.277218 of 2022 in relation to Trade Mark No.5231371 in Class 43 within three months from the date of receipt of a copy of this order. While adjudicating the matter, the 2nd respondent is directed to permit the petitioner to place the above mentioned affidavit and Court order on record. All contentions are left open to both parties. There shall be no order as to costs. 19.06.2025 (1/2) Index : Yes / No Internet : Yes / No kj 3/4
SENTHILKUMAR RAMAMOORTHY,J kj To The Registrar of Trademarks, Office at the Trademarks Registry, IPR Building, Industrial Estate, SIDCORMD, GST Road, Guindy, Chennai- 32.
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