BABU BHAI Vs. RASHID BHAI

JUDGEMENT

(1.) Babu Bhai and Rashid Bhai were partners, which partnership was dissolved. According to Babu Bhai, in the said dissolution, the trademark earlier of the firm vested in him. Babu Bhai applied for registration of the trademark in his favour. Rashid Bhai objected. The Registrar of Trademarks dismissed the objections of Rashid Bhai and granted registration in favour of Babu Bhai. Rashid Bhai appealed to the Intellectual Property Appellate Board (IPAB). The said appeal was accompanied with an application for interim stay of the order of the Registrar. The said application for interim relief, was dismissed vide a detailed order dated 8th August, 2012 of the IPAB. Rashid Bhai preferred W.P.(C) No. 6408/2012, impugning the said order dated 8th August, 2012 of the IPAB. The learned Single Judge issued notice of the said writ petition and has vide interim order dated 9th October, 2012, stayed the order of the IPAB.

(2.) Impugning\ the aforesaid interim order in the writ petition, the intra court appeal has been filed.

(3.) After some hearing, the counsels for Babu Bhai and Rashid Bhai agree that the writ petition as well as the appeal be disposed of on the following terms: