Kimplas Piping Systems Ltd., v. Govt.Of India, Rep.By The
M. DHANDAPANI, J.
This petition was listed under the caption "for being Mentioned" at the instance of the learned counsel for the petitioner.
2. However, when the matter is taken up for hearing, learned counsel for the petitioner submits that though the submission was made that patent has lapsed, therefore the matter has become infractuous, however, the said submission has not been recorded in the order dated 06.03.2023.
3. In view of the above submission, para 2 of the order shall stand replaced as under :- " 2. In view of the fact that patent has already lapsed, recording the submission of the learned counsel for the petitioner to that effect, this Writ Petition is dismissed as infructuous". No Costs. Consequently, connected miscellaneous petitions are closed."
4. Registry is directed to replace the above said paragraph in the order and issue fresh order copies to the parties.
24.04.2023 NHS
M. DHANDAPANI, J.
NHS 24.04.2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.2863 of 2018 and W.M.P.Nos.3534 and 3533 of 2018 Kimplas Piping Systems Limited Having its registered office as B-20, MIDC, Ambad, Nashik - 422010, Maharashtra Represented by its Company Secretary Mr.Sandip Mishra
...Petitioner
Vs
1. Government of India, Rep. by the Deputy Controller of Patents and Designs, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Patent Office, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.
2. Shri Mohamed Ismail Mohamed Gany
3. Apollo Meters P.Ltd.
A Company incorporated under the provisions of The Companies Act, 1956 Having address at Maraimalai Nagar - 603 209 Tamil Nadu Represented by it's director, Shri Mohamed Ismail Mohamed Gany
...Respondents
PRAYER: Petition filed Under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari calling for the records of the first respondent in common order dated 04.12.2017 in the matter of Patent No.211904 (Application No.153/MAS/1999) by Shri Mohamed Ismail Mohamed Gany ad in the matter of Patent No.196432 (Patent Application No.490/MAS/2002) by Shri Mohamed Ismail Mohamed Gany and quash the same. For Petitioner : M/s.Thriy Amb Ak J Kannan For R1 : Dr.G.Babu Central Government Standing Counsel For R1 and R2 : Mr.I.Abrar Md Abdullah
ORDER
The learned counsel appearing for the petitioner submits that the prayer sought for in this Writ Petition has become infructuous.
2. In view of the above submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. 06.03.2023 Index : Yes / No Speaking/Non-speaking order : Yes / No RAP To The Deputy Controller of Patents and Designs, Government of India, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Patent Office, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.
M.DHANDAPANI, J.
RAP 06.03.2023