Starlinger And Co Gesellschaft Mbh v. The Controller General Of Patents Designsthrough The Patent Office

1/2 54-IA-3130-2025 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 3130 OF 2025 IN COMMERCIAL MISCELLANEOUS PETITION(L) NO. 255 OF 2022 Starlinger And Co Gesellschaft MBH ...Applicant

Versus

The Controller General Of Patents Designs Through The Patent Office

...Respondent

_______ Mr. Vijay Hiremath for the Applicant.

Mr. D.P. Singh for Respondent No.1 Mr. Jehaan Mehta (Through VC) a/w rupa Shaw i/b S. Venkateshwar and Kunal Kanugo for Respondent No. 2.

_______

CORAM

:

ARIF S. DOCTOR, J.

st JANUARY, 2026 DATE :

P.C.

1.

The present Interim Application seeks restoration of the captioned Commercial Misc. Petition, which came to be dismissed by common Order dated th January, 2025 for non-removal of office objections. 2.

The Interim Application is opposed by Respondent No. 2 on the ground that the Petitioner has not shown sufficient cause seeking restoration, I am unable to agree. A perusal of the Interim Application in my view makes out a case of sufficient cause for restoration. As per Order dated 13 th January, 2025, the objections were to be complied with on or before 10 th February, 2025 and Areeb

2/2 54-IA-3130-2025 (OS).DOC the Applicant was not aware of this common order, since on the previous occasion the matter though on lodging number, had been listed on several occasions and pleadings were also completed. He submits that, it is only in the month of February, 2025, when the Advocate for the Applicant -Petitioner tried to circulate the matter for hearing, that the Applicant became aware of the common Order dated 13 th January, 2025, after which the Applicant has filed the present Interim Application.

3.

Thus in my view sufficient cause for restoration has been shown, furthermore, the substantive interest of justice would require me to allow this Application to enable the Petition to be heard on merits. Hence the contention that no sufficient cause has been shown is wholly lacking in merits. The Interim Application is allowed in terms of prayer clause 'a'. 4.

The objections to be complied with within a period of one week from today.

th February, 2026 for hearing.

5.

Stand over to 11 [ARIF S. DOCTOR, J.] Areeb