Qualyst Transporter Solutions Llc v. The Assistant Controller Of Patents And Designs

1/2 901-COMMP-61-2025 (OS).DOC KAWRE KIRAN KALYAN KAWRE KIRAN KALYAN Date: 2025.10.17 10:59:22 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL MISCELLANEOUS PETITION NO. 61 OF 2025 Qualyst Transporter Solutions LLC

...Petitioner

Versus

The Assistant Controller Of Patents And Designs

...Respondent

_______ Ms. Nanki Anreja (through V.C.) a/w Mr. Chinmay Page i/b Muralidhar Khadilkar, for the Petitioner.

Mr. Yashodeep Deshmukh a/w Mr. Ashutosh Misra and Ms. Vaidehi Pradeep, for the Respondent.

Mr. Deepak S.Bhalerao, Second Assistant to Court Receiver, present. _______

CORAM

:

ARIF S. DOCTOR, J.

th OCTOBER 2025 DATE :

P.C.

1.

Mr. Deshmukh, learned counsel appearing on behalf of the Respondent has very fairly submitted that the impugned order is unsustainable since questions have been raised for the first time in the impugned order to which the Petitioner did not have an opportunity to deal with. This, he accepts would amount to a violation of the principle of natural justice. 2.

Hence, the order would have to be set aside and is accordingly set aside. The matter is remanded back for fresh hearing. Let such fresh hearing be concluded within a period of three months from a date of which a copy of this order uploaded, given the fact that sufficient time has already lapsed. Kiran Kawre

2/2 901-COMMP-61-2025 (OS).DOC 3.

Let the matter be considered afresh before the independent controller. 4.

In the event, it is not possible for any reason to conclude within three months an application for extension may be made by the plaintiff. (ARIF S. DOCTOR, J.) Kiran Kawre