Aic246 Ag And Co Kg v. The Patent Office Of India Through Controller General Of Patents, Designs And Trade Marks

1/2 21-COMMP-72-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL MISCELLANEOUS PETITION NO.72 OF 2025 AIC246 AG And Co. KG ....Petitioner

Versus

The Patent Office of India Through Controller General Of Patents, Designs And Trade Marks & Ors.

...Respondents

----- Mr. Amey Nargolkar, Nish Austine, Dhiren Karania i/b Khaitan & Co., for the Petitioner.

Mr. Vinit Jain a/w Ashutosh Mishra a/w Gaurav Mhatre, for Respondent No.1.

Mr. Rashmin Khandekar a/w Anand Mohan, Vanditta Malhotra Hegde, Archi Gala, Sanjana Krishnasarma i/b VMH & Associates, for Respondent No.3. ----- CORAM : ARIF S. DOCTOR, J.

th SEPTEMBER, 2025.

DATE : 16 P.C:

1.

At the outset, Learned Counsel appearing on behalf of the Petitioner raises a grievance that no affidavit-in-reply has been filed by Respondent th April 2025.

Nos.1 and 2 despite the order dated 28 st July 2025 made Mr. Khandekar also points out that the order dated 1 it clear that if such affidavit is not filed the petition will be taken up for hearing without reply. Even today no affidavit-in-reply has been filed on behalf of Respondent Nos.1 and 2. It is clear that the Respondents do not choose to contest the present petition by filing the affidavit. Vaibhav

2/2 21-COMMP-72-2025.doc th September 2025 for final disposal.

Stand over to 24 4.

Both the Petitioner and as also Respondent No.3 are directed to file a brief note of submission alongwith compilation of case law; if any. [ARIF S. DOCTOR, J.] Vaibhav