SATYANARAYANA KHUBCHAND CARVA Vs. RAMCHANDER LAXMI NARAYAN KARVA

JUDGEMENT

(1.) The question we will have to answer in this reference made by the Office is; whether an appeal (Civil Miscellaneous Appeal) lies to this Court against an order of the Assistant Registrar of Trade Marks, Madras, dismissing an application under Section 56 of the Trade and Merchandise Marks Act, 1958, hereinafter called the Act, filed for rectification of the register of trade marks ? When the appeal was presented to this Court (it) has no jurisdiction to entertain the appeal and it is only the Madras High Court that has jurisdiction over the matter.

(2.) The material facts are simple and are not in controversy. The proposed appellants filed an application under Section 56 of the Act to rectify the register of trade marks, before the Assistant Registrar of Trade Marks, Madras. It may be noted here that there are only four such Registries in the entire country, one at Madras, second at Bombay, third at Calcutta and fourth at Delhi. The Registry at Madras has jurisdiction over the States of Tamil Nadu, Andhra Pradesh, Kerala and some other Southern Regions. The dispute about the trade mark was raised in Hyderabad, because it related to a business in that City. However, the application was filed before the Assistant Registrar at Madras. He heard the matter at Hyderabad and rendered his decision at Madras and despatched his order to the parties who were living at Madras. Contending that the matter relates to the business at Hyderabad, that the parties live and had their business at Hyderabad and that the case was heard counsel for the proposed appellants, has presented the appeal in this Court. The Office raised the objection that under the provisions of the Act, the appeal lies only to the High Court of Madras and not to this Court. When the learned counsel demurred to this statement of the law, the matter was placed before us for orders.

(3.) The problem can be resolved by making a reference to the material provisions of the Act. We will first notice the definition contained in Ss. 2(e) and 2(h). Section 2(e) defines District Court as having the same meaning assigned to it in the Civil Procedure Code, 1908, Section 2(h) states,