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M/S OANCHWATI PRAYOGSHALA AND ANOTHER versus UNOIN OF INDIA AND OTHERS HERS

High Court of Judicature at Allahabad

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M/S Oanchwati Prayogshala And Another v. Unoin Of India And Others Hers - WRIT - C No. 2231 of 2007 [2007] RD-AH 927 (15 January 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Yatindra Singh,J.

Hon'ble Ran Vijai Singh,J.

Heard learned counsel for the petitioners, Sri S.S.Chauhan counsel for respondent no.4 and Sri Pravin Kumar Jaiswal learned counsel for Union of India.

The counsel for the petitioners is permitted to implead respondent no.5.

The  petitioner and Respondent no.4  applied for grant of  same Trade Mark  namely Rasmola.  It was granted to respondent no.4 on 28.11.2003. Subsequently the respondent no.4 came to know about the application of the petitioner, he filed objection against the same. Now when this objection was not being decided, he filed Writ Petition No. 77557 of 2005. It  was disposed on  21.12.2005 with a direction to  decide the objection. In the mean time the petitioner and respondent no.4 have entered into an agreement on 13.11.2006. According  to them, the trade mark has been given to the petitioner. Hence the present writ petition.

The objection filed by the respondent no.4 has yet not been decided. It is open to the parties to approach to the authority concerned with this prayer. The parties may also file  appropriate application for giving effect to the agreement.

With these observations this petition is dismissed.

Dt.15.1.2007

Hsc/2231/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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