Cheminova India Ltd v. Tricom Agro Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2024

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T) CMA(TM)/11/2024 ORA Diary No.3226 of 2016 Cheminova India Ltd., The Centrium, Unit No.2, Level 4, Phoenix Market City, L.B.S. Marg, Kurla (West), Mumbai-400 070.

... Appellant -vs1. Tricom Agro Pvt. Ltd., Plot Nos.8, 9, 10 & 11, Phase - II, IDA, Pashamylaram-502 307, Patancheru Mandal, Medak District, (A.P.)

2. Assistant Registrar of Trade Marks, The Registrar of Trade Marks, IPR Building Industrial State, SIDCO RMD Godown Road, Near Eagle Flask Factory, G.S.T. Road, Guindy, Chennai-600 032.

... Respondents PRAYER: Transfer Civil Miscellaneous Appeal (Trade Marks) filed under Section 91(2) of the Trade Marks Act, 1999, praying for condoning the delay in filing the appeal to set aside the order dated 1/3

19.07.2016 passed by the Assistant Registrar, Trade Marks Registry, Chennai.

For Appellant : No appearance For R2 : Mr.S.Janarthanam, SPC

JUDGMENT

On 03.09.2024, notice was ordered to the appellant. Such notice has been returned unserved. The bailiff's report records that the premises was found locked and that he was informed on enquiry that the appellant had left the premises three years earlier. In the absence of a current address of service on the appellant, this appeal cannot be proceeded with. Consequently, (T)CMA(TM)No.11 of 2024 is dismissed for non-prosecution without any order as to costs. 01.10.2024 Index : Yes / No (2/2) Internet : Yes / No kj SENTHILKUMAR RAMAMOORTHY,J 2/3

kj (T)CMA(TM)/11/2024 ORA Diary No.3226 of 2016 01.10.2024 (2/2) 3/3