BHARAT BHOGILAL PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) M/s. Aditi Manufacturing Company, the fourth respondent in the main writ petitions, seeks to assail the territorial jurisdiction of this Court invoked by the original writ petitioner Mr. Bharat Bhogilal Patel in filing the writ petitions assailing the order passed by the Intellectual Property Appellate Board (IPAB). It is in view thereof that arguments were addressed by both the sides confined to this issue, i.e. the preliminary aspect to invoke the jurisdiction of this Court, the fate of which would in turn, be material before the Court examines the merits of the impugned order. For the sake of convenience, the parties are described as per their rankings in M.P. No.3 of 2012.

(2.) The first respondent, being the original writ petitioner, filed Patent Applications on 21.9.1998 in respect of

(3.) The petitioner, inter alia, filed applications before the High Court of Gujarat at Ahmedabad seeking revocation of the two Patent Nos.188787 and 189027 granted in favour of the first respondent. The first respondent apparently instituted a criminal complaint against the petitioner before the X Metropolitan Magistrate's Court at Mumbai. The first respondent, aggrieved by the filing of the revocation applications by the petitioner before the High Court of Gujarat, sought transfer of the same to the High Court of Bombay. However, with the IPAB having been constituted in the year 2007, the applications were transferred by the High Court of Gujarat to the IPAB Circuit Bench at Mumbai, which according to the petitioner, would have the appropriate jurisdiction in respect of the two patent revocation applications, as per the own stand of the first respondent itself. However, it is the case of the petitioner, in view of the urgency of the matter expressed by the petitioner and the Circuit Bench at Mumbai not having adequate time, as per consent of parties and their counsel, the hearing of these applications was scheduled by the IPAB at Chennai, where the Bench held regular proceedings.