NARESH KUMAR JAIN Vs. UOI

JUDGEMENT

(1.) The petitioner, Mr. Naresh Kumar Jain, has impugned the order dated 30th November, 2006 passed by the Intellectual Property Appellate Board dismissing his application dated 31st May, 2006 for placing on record additional documents in the rectification application.

(2.) The aforesaid rectification application was filed by the M/s. Shiva Tobacco Company, respondent No. 2 herein in 1997 in Delhi High Court and was registered as C.O.No. 11/1997. In the said rectification application, issues were framed on 29th July, 2002 and the parties were given time to file list of witnesses and additional documents, if any, within 4 weeks thereafter. The rectification application was being tried as a civil suit.

(3.) Additional documents were not filed by both the parties i.e. the petitioner and respondent No. 2 herein, as recorded in the order dated 9th September, 2002 of the Joint Registrar. While the case was pending, the respondent No. 2 herein filed an application for transfer of the civil suit pending between the parties before the District Judge. Notice of the said application was issued on 27th November, 2002 and vide order dated 29th July, 2003, the suit pending before the District Court along with the counter claim was ordered to be transferred to this Court and directed to be listed along with the rectification application for directions on 14th October, 2003.