SHIVA TOBACCO COMPANY Vs. NARESH KUMAR JAIN

JUDGEMENT

(1.) By this order, I would be deciding the plea of the petitioner in CO. 11/97 that the present Co. is not liable to be transferred to the Appellate Board, constituted under Section 100 of the Trade Marks Act, 1999. By this petition, petitioner seeks that the trade mark 'TIGER' in the name of Madan Lal Jain trading as Ramji Lal Madan Lal Jain, be expunged from the Register of Trade Marks.

(2.) On a point of background, it may be noted that earlier IA. No. 10962/2002 was moved in this petition, seeking transfer of Suit No. 268/97, then pending in the Court of Sh. Chandershekhar. Additional District Judge, titled Shiva Tobacco Co. v. Madan Lal Jain & Anr.

(3.) With the consent of the parties, the said suit was transferred to this Court, to be tried alongwith the present petition and Co. Nos. 22, 23 and 24/2001. On 14.10.2003, it was urged before the Court that the order dated 29.7.2003, transferring Suit No. 268/97 was liable to be recalled as Co. Nos. 11/97, 22, 23 and 24/2001 were to be sent to the Appellate Board under Section 100 of the Trade Marks Act, 1999. Suit No. 268/97 alongwith counter claim, now renumbered as S. No. 81/2003, had been transferred to this Court with a view to ensure its hearing with the above Cos. In view of the constitution of the Appellate Board to hear the Co., it was directed that the suit be listed before the Joint Registrar for ap . propriate orders on transfer. At that stage, Mr. Amarjit Singh, learned counsel for the petitioner had appeared and submitted that the present CO and the suit should not be transferred. He submitted that the order of transfer of suit was a consent order, exercising the discretion under Section 24 CPC arid now the same could not be undone by the CO being sent to the Appellate Board and the suit being re-transferred to the District Courts.