Symbiosis International University v. M/S. Prathap Foundation For Education And Training,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-12-2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE (TM) A.Nos.93, 94 & 95 of 2024 IN (T)OP(TM).Nos.137, 140 & 142 of 2023 SYMBIOSIS INTERNATIONAL UNIVERSITY AN INSTITUTION DEEMED TO BE UNIVERSITY UNDER SECTION 3 OF THE UNIVERSITY GRANTS COMMISSION ACT, 1956 LAVALE, MULSHI, PUNE 411215. AND ANOTHER APPLICANTS Vs M/S. PRATHAP FOUNDATION FOR EDUCATION AND TRAINING, PRATHAP NAGAR, MUTTOM, ALUVA - 683106, KERALA REPRESENTED BY ITS EXECUTIVE TRUSTEE DR. G.P.C. NAYAR. AND ANOTHER RESPONDENTS For Applicants:
ARUN C. MOHAN For Respondents:
SUNITHA VIBHAV [R1] S.JANARTHANAM [R2] 1/4
COMMON ORDER These applications have been filed seeking for reception of additional documents.
2. The applicant/petitioner claims that only to prove that they have been in continuous usage of their trademark, there became a necessity for them to file these applications seeking leave of this Court to file additional documents. Earlier, the Original Petitions were filed before the Intellectual Property Appellate Board, Chennai, in the year 2014.
3. Learned counsel for applicant/petitioner submits that in order to prove that they have been continuously using the trademark even after the filing of the Original Petitions before the Intellectual Property Appellate Board, Chennai, which have been subsequently transferred to this Court, there became a necessity to file additional documents.
4. A counter affidavit has been filed by the contesting 2/4
respondents disputing the relevancy of the documents filed by the applicant/petitioner.
5. No prejudice will be caused to the respondents if the documents are allowed to be received subject to its admission, proof and relevancy. The respondents are always having a right to cross-examine the petitioner's witness with regard to the relevancy of the additional documents, which are allowed to be received by this Court today. Accordingly, these applications are allowed as prayed for and the documents are allowed to be received by this Court subject to its admission, proof and relevancy. The respondents are at liberty to crossexamine the petitioner's witness with regard to the relevancy of additional documents.
12-12-2024 ABDUL QUDDHOSE, J 3/4
gm To
1. M/S. PRATHAP FOUNDATION FOR EDUCATION AND TRAINING, PRATHAP NAGAR, MUTTOM, ALUVA - 683106, KERALA REPRESENTED BY ITS EXECUTIVE TRUSTEE DR. G.P.C. NAYAR.
2. THE REGISTRAR OF THE TRADE MARKS TRADE MARK REGISTRY, G.S.T. ROAD, GUINDY, CHENNAI - 600 032.
(TM) A.Nos.93, 94 & 95 of 2024 IN (T)OP(TM).Nos.137, 140 & 142 of 2023 12.12.2024 4/4