LAWS(GJH)-2009-7-235

TORRENT PHARMACEUTICALS LTD Vs. INTELLECTUAL PROPERTY APPELLATE BOARD

Decided On July 29, 2009
TORRENT PHARMACEUTICALS LTD Appellant
V/S
INTELLECTUAL PROPERTY APPELLATE BOARD Respondents

JUDGEMENT

(1.) THE Court is conscious of the fact that procedure is always prescribed so as to serve the ends of justice. There cannot be a procedure which if followed is going to deprive the party of the justice.

(2.) WHAT is challenged in this petition is an order passed by the Intellectual Property Appellate Board, hereinafter referred to as 'IPAB' for short, in Misc. Petition No.70 of 2007 in ORA/52/2007/TM/AMD dated 19.3.2008.

(3.) THE facts of the case are that present respondent No.2 filed rectification application, a copy of which is produced at Annexure C, page 30. The title of the application reads as under: