LAWS(DLH)-2022-12-20

VINOD KUMAR Vs. INTELLECTUAL PROPERTY APPELLATE BOARD

Decided On December 12, 2022
VINOD KUMAR Appellant
V/S
INTELLECTUAL PROPERTY APPELLATE BOARD Respondents

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, assails order dtd. 30/12/2020 passed by the learned Intellectual Property Appellate Board (the learned IPAB) in Rectification Petitions ORA/108/2020/TM/DEL and ORA/117/2020/TM/DEL (FK Bearing Group Co. Ltd. v. Vinod Kumar & Anr.) The petitioner was Respondent 1 before the learned IPAB and Respondent 2 herein was the appellant. The rectification petitions were, therefore, instituted by Respondent 2 against the petitioner.

(2.) The impugned order allows the rectifications petitions filed by Respondent 2 on merits.

(3.) Before the learned IPAB, the petitioner had sought an adjournment. The adjournment was rejected by the learned IPAB. Para 3 of the impugned order dtd. 30/12/2020, which deals with the said request, reads thus: