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Madras High CourtCMP/1372/2026allowed

Sun Pharmaceutical Industries Limited, v. Assistant Registrar Of Trade Marks,

2026-04-22Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

CMP No. 1372 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-04-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY CMP No. 1372 of 2026 in CMA (TM) SR.No.159635 of 2025 Sun Pharmaceutical Industries Limited, Through its Constituted Attorney, Daniel S, 17/B, Mahal Industrial Estate, Mahakali Caves Road, Andheri (E), Mumbai -400 559.

..Appellant(s) Vs

1. Assistant Registrar of Trade Marks, Intellectual Property Building, G.S.T. Road, Guindy, Chennai -600 032.

2. K. Venkateswara Rao, Trading As- Nicson Pharma, No.32-29-5/2/2, Coco Cola Street, Maruthi Nagar, Vijayawada 520 004.

..Respondent(s) PRAYER: Civil Miscellaneous Petition filed under Section 91 of the Trademarks Act, 1999 read with Rule 11 of the Madras High Court Intellectual Property Rights Division Rules, 2022, praying to condone the delay of 166 days in filing the present Appeal against the impugned Order date 24.03.2025 passed by the Respondent No.1, in the matter of Opposition No.MAS-792892, filed by the Appellant against the Respondent No.2s Application No.2113640 and pass such further orders.

__________ https://www.mhc.tn.gov.in/judis

CMP No. 1372 of 2026 SENTHILKUMAR RAMAMOORTHY, J.

Jer For Appellant(s):

Mr.M.S.Bharath For Respondent(s):

Mr.S.Nelson, Cgsc For R1 Mr.R.Sathish Kumar For R2

ORDER

The intending appellant has applied to condone the delay of 166 days in filing the appeal.

2. In the affidavit filed in support, it is stated that the initial proceedings were initiated more than 10 years ago and additional time was necessary to verify all the relevant files. It is also stated that new lawyers were appointed.

3. Both the learned counsel for the 1st and 2nd respondents opposed this application.

4. On considering the reasons set out in the affidavit and being satisfied that sufficient cause is shown, this petition is allowed. Consequently, the Registry is directed to number the appeal, if it is otherwise in order. 22-04-2026 Jer To The Assistant Registrar of Trade Marks, Intellectual Property Building, G.S.T. Road, Guindy, Chennai -600 032.

CMP No. 1372 of 2026 __________ https://www.mhc.tn.gov.in/judis