Kalpesh Manubhai Ramoliya v. Controller Of Parents And Designs And ANR

23.11.

C.O. 3033 of 2022 AGM /RK Ct Kalpesh Manubhai Ramoliya Vs Controller of Patents and Designs & Anr Mr. Debnath Ghosh, Mr. Victor Dutta, Mr. S. Dasgupta, ... For the petitioner.

A direction to secure expeditious disposal of a proceeding initiated by the petitioner for cancellation of Registered Designs bearing No. 233559 in Class 23-04, pending before the Controller of Design, the Patent Office, Kolkata, is the ultimate relief sought for in this case.

It is submitted by the learned advocate for the petitioner that the proposed prayer for cancellation of the Registered Designs is getting delayed due to its pendency.

Admittedly, it was filed on 4th May, 2021.

There is nothing to reveal about the exercise already undertaken by the Controller of Design regarding the service, if any effected upon the opposite party in the meantime.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite parties is thus dispensed with.

Accordingly, learned Controller of Design, the Patent Office, Kolkata is requested to ensure expeditious disposal of proceeding for cancellation of Registered Designs bearing No. 233559 in Class 2304, after adhering to the provisions of law, subject to his suitability and convenience, without granting unnecessary adjournment, unless it is extremely unavoidable.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties.

With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)