CADILA HEALTH CARE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Admitted Mr. Ajay Sahani, learned counsel for respondent No. 3, who is a contesting respondent appears and waives service of notice of admission. So far as respondent Nos. 1 and 2, are concerned, the learned counsel for the appellant states that no relief is claimed in the present proceeding against respondent Nos. 1 and 2.

(2.) This appeal is filed against summary dismissal of Special Civil Application No. 836 of 1997. A petition was filed against interlocutory order passed by the Assistant Registrar of Trade Mark, respondent No. 1 herein on 8th October, 1997. Notice was issued and the respondent No. 1 appeared. None appeared for respondent Nos. 2 and 3 even before the learned Single Judge.

(3.) On May 5,1998, the matter was called out and the learned counsel for the petitioner sought time. Time was granted and the matter was adjourned on the next day i.e. on 6th May, 1998. On 6th May, 1998, on behalf of the petitioner nobody was present. The learned Single Judge heard the learned counsel for the respondent and held that the petition was not maintainable and accordingly it was dismissed.