JAGATJIT INDUSTRIES LIMITED Vs. REGISTRAR OF TRADE MARKS

JUDGEMENT

(1.) C.M. 2157/97 is filed by a third party to the proceedings to be added as a co- respondent in the CM (Main) under Order 1 Rule 10 (2) read with section 151 of C.P.C. The appellant in the appeal has come against the order of the Registrar dated 17.2.1995, which is numbered as CM (Main), had applied for registration of a particular mark. The second respondent Glaxo Group Limited submitted its opposition to the relief prayed for by the petitioner for registration. After the pleadings were complete, the matter was posted for arguments before the Registrar on 9.5.1994. The Glaxo Group filed interlocutory application on 3.1.1995 seeking to submit some evidence to be taken on record with reference to its opposition. On 17.2.1995 the Registrar allowed that application which is now challenged by the appellant.

(2.) On 19.4.1995 this Court issued notice to the second respondent Glaxo Group Ltd., who is represented by counsel, though Mr. Manmohan Singh, one of the counsel had withdrawn from the case. On 19.9.1997 the applicant presented the application C.M.2157/97 in this Court praying for the following relief :-

(3.) The petitioner has filed a counter opposing the application.