LAWS(DLH)-2009-3-63

BABU RAM SETHI Vs. REGISTRAR OF TRADE MARKS

Decided On March 05, 2009
BABU RAM SETHI Appellant
V/S
REGISTRAR OF TRADE MARKS Respondents

JUDGEMENT

(1.) Heard counsel for the parties. After some hearing, learned counsel for Respondent No.2 submitted that he has no objection to the cross-examination sought and the production of documents.

(2.) 2, The second respondent had sought for rectification of the registered trademark in favour of the petitioner. The rectification proceedings were pending in the file of this Court, when pursuant to the amendment of the Trade and Merchandise Marks Act, 1958, the proceedings were transferred to the newly constituted Intellectual Property Appellate Board (IPAB). Prior to the transfer, this Court had, in the rectification proceeding, by order dated 08.01.2002, framed issues and directed the parties to file affidavit. The order enables the parties to cross-examine the witnesses. The applicant/Respondent No.2 apparently did not file an affidavit. The present petitioner, therefore, filed an application under Order 16 Rule 1 of CPC for summoning of witnesses with some records. These pertained to the documents and files in the control and possession of the Superintendent/Inspector, Central Excise Office, Ahuja Complex, Hanuman Garh Road Abohar (Punjab), District Ferozepur. That application was allowed by an order dated 16.01.2003. In these circumstances, the petitioner moved an application, M.P. 84/2004 before the IPAB contending that the records should be produced and the applicant/second respondent should be cross-examined.

(3.) By the impugned order, the IPAB rejected the application, reasoning that under provisions of the Act, it could adopt such procedure as was feasible; according to the Board, the parties could file affidavits and make their contentions on the existing materials.