Living Seed Technologies Llp v. Karthikeya Crop Technologies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM:

Mr. JUSTICE N.SESHASAYEE LIVING SEED TECHNOLOGIES LLP.

Rep by its Managing Partner, Mr.Rayelli Bushanam House No.16-11/22A, Flat No.417 Gyandeep Towers, Moosarambagh, Hyderabad 500 036 Telangana, India ... Petitioner Vs.

1.KARTHIKEYA CROP TECHNOLOGIES D.No.1-256, Kokkunda Mulugu, Siddipet 502 336 2.THE REGISTRAR OF TRADEMARKS The Office of Trademarks Registry Intellectual Property Building GST Road, Guindy Chennai 600 032 ...

Respondents PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Registrar of Trademarks to dispose of the Interlocutory Petition filed against the Trade Mark Application No.4972011, in the file of the learned Registrar of Trademarks, Chennai, expeditiously in a time bound manner.

For Petitioner :

Mr.Ramesh Ganapathy For Respondents :

Mr.S.Janarthanam Senior Panel Counsel - R2 No Appearance - R1

ORDER

The present Civil Revision Petition is laid seeking an expeditious disposal of Interlocutory Petition dated 16.09.2023 filed against the Trade Mark Application No.4972011.

2.Introducing the case, the learned counsel for the revision petitioner submitted that the 1st respondent has applied for registering a certain mark with the 2nd respondent and even before the process commenced, the revision petitioner herein had laid atleast two suits in O.S.No.168 of 2021 before the City Civil Court, Hyderabad and O.S.No.1 of 2021 before the Principal District and Sessions Court, Mysore for passing off and for certain other reliefs. This Court is informed that the aforesaid District Courts have passed separate interim orders injuncting the 1st respondent from using the mark. Vis-a-vis the application for registration which the 1st respondent had made, publications were made and that the revision petitioner has now taken out an

Interlocutory Petition to restore status quo ante. This is pending consideration by the 2nd respondent without any forward movement. It is in these circumstances the petitioner has filed the present revision seeking a direction. 3.Heard both sides. After appreciating the submissions of rival side, this Court merely directs the 2nd respondent to dispose of the interlocutory petition filed in Application No.4972011, and till its disposal the 2nd respondent is also directed not to issue any certificate of registration to the 1st respondent, if it has not been issued till 18.01.2024. 4.This Civil Revision Petition stands disposed of accordingly. No costs. Consequently, the connected CMP.No.26667 of 2023 is closed. 19.01.2024 kas Index : Yes/No Note: Office to issue order copy on 22.01.2024. N.SESHASAYEE, J.

kas 19.01.2024