HARIKISHAN PAMDURANG MUDADA Vs. MAHADEO SASASHIV KHEDKAR

JUDGEMENT

(1.) Heard, Mr. Kamod, Ld. Advocate appearing for the Petitioner.

(2.) By this Petition, the Petitioner is challenging the registration of the impugned trade mark bearing no. 4076679 in class 32 granted by the Respondent No. 2, in favour of the Respondent No. 1, in respect of mineral and aerated waters and packaged drinking water.

(3.) It is stated that the present Petition has been duly served by hand upon the Respondent No. 1 on 22/12/2022 as well as upon Respondent No. 2, by email on 15/2/2023 and by registered AD post on 16/2/2023. Apart from the above, the Respondents were also given notice / informed that the matter would be listed on 3/3/2023 and 17/4/2023. It is specifically pointed out that Respondent No. 1 has refused to accept service of the notice. Accordingly, it is stated that Respondent No. 1's refusal to accept service amounts to good service. Affidavit of Service of one Mr. Dilip Palwankar dtd. 12/4/2023 to that effect has been filed.