Madras High Court(T)OP(TM)/544/2023dismissed for nonprosecution

Ashish Anilkumar Desai, Smt. Binita Shyamal Naik, Smt. Falguni Himanshu Desai, v. M/S. Maas Herbals Private Limited,

2024-06-13Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI (T) OP (TM) No.544 of 2023 (ORA/SR/424/2015/TM/CHN) Ashish Anilkumar Desai Binita Shyamal Naik Falguni Himanshu Desai Monica Ashish Desai All Indians trading under a registered partnership M/s. Sujanil Chemo Industries, carrying on business at "Bharati" 425/27, T.M.V.Colony, Opp. Katariya High School, Pune - 411 037.

... Petitioners Vs.

1.M/s.Maas Herbals Private Limited, an Indian Company, carrying on business at No.15-B, 1st phase, Jigani Industrial Area, Anekal Taluka, Bangalore - 562 106.

2.The Registrar of Trade Marks, IPR Building, Industrial Estate, SIDCO RMD Godown Road, Near Eagle Flask Factory, GST Road, Guindy, Chennai - 600 032.

... Respondents

Prayer: The Original Petition filed under Sections 47/57/135 of Trademark Act, 1999, prays that entry relating to Registration No.2089321 in class 3 in the name of MAAS HERBALS PVT., LTD., be rectified and cancelled and the mark LICYL be removed from the register and the petitioner be awarded cost for the present proceedings.

For Petitioner : No appearance For Respondents For R2 : M/s.R.Durgarani Central Government Standing Counsel

O R D E R

When the matter was taken up for hearing on 29.04.2024, there was no representation on the side of the petitioner and hence, the Registry was directed to post the Original Petition today i.e., 13.06.2024, under the caption "For Dismissal".

2.Since despite service of notice, none appears for the petitioner. M/s.R.Durgarani, learned Central Government Standing Counsel appearing for the 2nd respondent alone is present.

3.Even today, there is no representation on the side of the petitioner. Hence, this Original Petition is dismissed for non prosecution. There shall be no order as to costs.

13.06.2024 ata Index : Yes / No Speaking / Non Speaking order

P.B.BALAJI, J.

ata (T) OP (TM) No.544 of 2023 (ORA/SR/424/2015/TM/CHN) 13.06.2024