Case: Dharam Singh and Sons, Ludhiana Vs H.S. Birdi Industries, Ludhiana. Trademark Tribunal
| Counsel | For Appellant: Mr. S.C. Chadha, Advocate and For Respondents: Mr. D.K. Dhingra, Advocate |
| Judges | M. R. Bhalerao, DRTM |
| Issue | Trade and Merchandise Mark Act, 1958 - Section 97(c); Civil Procedure Code - Section 35B |
| Citation | 1988 (8) PTC 235 (Reg) |
| Judgement Date | January 01, 1988 |
| Court | Trademark Tribunal |
Judgment:
M. R. Bhalerao, DRTM
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These proceedings relate to the Review Petition on Form TM-57 filed on 10-8-1987 by the Registered Proprietors of Registered Trade Mark No. 325268, in Class 7, which was under Rectification No. Del-419.
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Hearing to consider the said Review Petition took place on 9-6-88. Shri S. C. Chadha, Advocate appeared for the Registered Proprietors/Petitioners. Shri D. K. Dhingra Advocate appeared for the Applicants/Respondents.
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The prayer in the said Review Petition is that the decision dated 5-687 issued in Rectification No. Del-419 in respect of Regd. Trade Mark No. 325268 be reviewed.
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The grounds of the said Review Petition are as follows:-
The Applicants'/Respondents' petition dated 7-5-85, which was filed on 13-5-85 was allowed subject to payment of costs of Rs. 250/- "vide order dated 19-9-86. The Applicants/Respondents have not yet paid the said. The said order dated 19-9-86 has therefore become infructuous/non-existent.
As the costs of Rs. 250/- was not paid, the Registered Proprietors/Petitioners could not instruct their Agent to appear for the hearing fixed for 22-5-87 and file a request for adjournment of the hearing.
On 5-5-87, Shri S.C. Chadha, Advocate for the Registered Proprietors/Petitioners met Shri D. K. Dhingra, Advocate for the Applicants/Respondents whereupon it was agreed that Shri Dhingra would get the hearing adjourned by sending Form TM-56. After waiting till 21-5-87, the Regd. Proprietors/Petitioners filed a request for adjournment of the hearing. Shri Dhingra, Advocate should have informed the tribunal about the agreement regarding adjournment of the hearing.
The question whether the Applicants/Respondents were the "person aggrieved" was decided on the basis of a legal notice, which was not a part of the record.
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Briefly, the comments sent by the Applicants/Respondents on the said Review Petition, are as follows:-
Order dated 19-9-86 was not a conditional order, as stated by the Regd. Proprietors/Petitioners.
There was no agreement between the Advocates of the parties whereby adjournment of the hearing posted for 22-5-87 was to be sought.
The legal notice, which was taken into consideration while determining the question if the Applicants/Respondents were the "person aggrieved" was a part of the record.
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Section 97(c) empowers the Registrar to review his decision. Rule 115 prescribes the procedure for making an Application for review. The Act or the Rules do not specify and ground...
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