Cooper Corporation Private Limited v. The Assistant Controller Of Patents And Designs

1/2 23-IA-7973-2025 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 7973 OF 2025 IN COMMERCIAL MISCELLANEOUS PETITION(L) NO. 23638 OF 2024 Cooper Corporation Private Limited ...Applicant

Versus

The Assistant Controller Of Patents And Designs

...Respondent

_______ Mr. Prashant Shetty a/w Dr. Mohan Dewan, Aditya Chitale, Sumedh Ruikar & Saikiran Mergu i/b RKDewan Legal Services for the Applicant. _______

CORAM

:

ARIF S. DOCTOR, J.

th JANUARY, 2026 DATE :

P.C.

1.

The present Interim Application seeks the following reliefs; "(a) To allow the present Application by setting aside the order dated 13.01.2025 and to restore the captioned Commercial Miscellaneous Petition (L) No. 23638 of 2024.

(b) The delay of 277 days in filing of this Interim Application may be condoned;

(c) To allow and extend time by four (4) weeks for removing office objections if any in the said captioned Commercial Miscellaneous Petition (L) No. 23638 of 2024;"

2.

The Interim Application has been served upon the Respondent-Controller. Learned counsel for the Petitioner has placed reliance upon an Affidavit of service to prove that the Respondent-Controller has been duly served. Areeb

2/2 23-IA-7973-2025 (OS).DOC 3.

Today, none has appeared on behalf of the Respondent-Controller, even otherwise, having heard learned counsel and having perused the Interim Application, in my view, the substantive interest of justice would require that the same be allowed.

1. 4.

Learned counsel for the Petitioner has pointed out that the caption Commercial Miscellaneous Petition came to be dismissed for non removal of office objections pursuant to the Order dated 13 th January, 2026, he has invited my attention to Exhibit 'C', Page No. 27 of the Interim Application, which shows that infact the Petitioner had removed office objections on 31 st January, 2025, however, there was a lapse on the part of Advocate to follow up in obtaining a final number and thus the Petition came to be dismissed.

5.

Given the above, the Application is allowed in terms of prayer clauses 'a' to 'c'.

6.

The office objections are to be removed within a period of four weeks from today.

[ARIF S. DOCTOR, J.] Areeb