AYUR UNITED CARE LLP Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment addresses the issue of whether writ petitions, challenging orders passed by the Intellectual Property Appellate Board (IPAB), filed before abolition of the IPAB on 4/4/2021, would have to be heard by a Single Bench or by a Division Bench of this Court.

(2.) By order dtd. 28/6/2013, the learned Intellectual Property Appellate Board (the IPAB) has allowed rectification petitions filed by the second respondent, challenging the registration of the mark 'AYUR' in favour of the petitioner. Aggrieved thereby, the petitioner has preferred the present writ petitions under Article 226 and 227 of the Constitution of India.

(3.) A serious preliminary objection has been advanced by the respondents, to the effect that these petitions have necessarily to be listed before a Division Bench of this Court and cannot be heard by a Single Judge.