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Bombay High CourtCOMMP/10/2024disposed off

Tiktok Ltd Mr Faheem Ahmad Constituted Attorney Of Tiktok Ltd v. The Registrar Of Trade Marks Mumbai

2025-04-17Hon'Ble Shri Justice Manish Pitale2 pages

15_COMMP10_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL MISCELLANEOUS PETITION NO.10 OF 2024 Tiktok Limited Faheem Ahmad Constituted Attorney of Tiktok Limited ...

Petitioner Vs.

Registrar of Trade Marks Mumbai and others ...

Respondents Ms. Swati Mittal a/w. Ms. Manisha Singh, Mr. Abhai Pandey, Ms. Anju Agrawal, Ms. Ritika Agrawal, Paulome Mehta and Mr. Ishvendra Tiwari i/b. Sonal Doshi & Co. for Petitioner.

Ms. Leena Patil for Respondents.

CORAM : MANISH PITALE, J.

DATE : APRIL 17, 2025 P.C. :

.

It is pointed out by the learned counsel appearing for the petitioner that, as far back as on 21.03.2024, this Court had granted time to the respondents to file their reply affidavit on or before 19.04.2024. Despite the period of almost a year having elapsed, the respondents have failed to file reply affidavit and in this backdrop, the learned counsel for the petitioner is pressing for hearing and disposal of the present petition. 2.

Ms. Leena Patil, learned counsel submits that Mr. Yashodeep Deshmukh, learned counsel has instructions to appear on behalf of the respondents i.e. the Registrar of Trade Marks and that this Court may consider granting a short adjournment so that the respondents through their counsel would be able to assist this Court. Considering the fact that the respondents are required to justify the impugned order, the hearing of the present petition need not await filing of reply affidavit on behalf of the respondents. It is settled law that the authorities cannot substitute any reasons by way of affidavits and that they are expected to defend the MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2025.04.17 15:50:12 +0530 1/2

15_COMMP10_24.doc orders on the basis of the contents of such orders. 3.

In view of the above, list the petition for hearing / disposal on 30.04.2025 at the bottom of the supplementary board. 4.

It is made clear that this Court will proceed to hear and dispose of the petition on the said date of hearing.

(MANISH PITALE, J.) Minal Parab 2/2