BHAGWANDAS G AGRAWAL Vs. BRIJWASI DUGHDHALAYA PRIVATE LIMITED

JUDGEMENT

(1.) THIS is a petition under section 107 of the Trade and Merchandise Marks Act, 1958, hereinafter referred to as the "act", read with sections 46 and 56 thereof for rectification of the register. The petitioner seeks cancellation of the 1st respondents trade marks granted as follows:-

(2.) THIS petition for rectification is made directly to this Court on 27-3-2001. The only question before me is whether this petition is barred by limitation.

(3.) MR. Kane, learned Counsel for the respondent No. 1 submitted that in this case time must be reckoned from the date of knowledge of registration of the respondent No. 1s trade mark i. e. 1-4-1985. According to the learned Counsel for the respondent No. 1, the petitioner must be taken to have known the fact that the respondent No. 1 has the trade mark containing the word "brijwasi" registered in their name on 1-4-1985. Because, on this date the petitioner applied for return of the property to the Court of the Metropolitan Magistrate, 28th Court, Esplanade, Mumbai, in Criminal Complaint No. 7/iandr/1985 which was filed by the respondent No. 1 against the petitioner. In pursuance of that complaint, the police had raided the petitioners premises on 27-3-1985 for seizure of falsified trade mark. That was the reason for the petitioner to make an application for release of the seized property.