The Delhi High Court dismissed a petition transferred from IPAB. The petitioner failed to appear or file replies despite multiple court notices and orders granting opportunities, leading the court to conclude the petitioner abandoned the matter.
Present petition dismissed in default and for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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RAMDAS VAISHNAV .....Petitioner
Through: None
versus
NEMICHAND MEHTA AND ORS. .....Respondents
Through: None
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
on behalf of the petitioner, despite service of Court Notice on 02nd November, 2023.
“The office noting shows that the petitioner had been served on 02.11.2023.
The respondent no.1 had already been served and his counsel had even appeared on 10.10.2023. It had also filed its counter statement before the Intellectual Property Appellate Board.
Respondent no.2 and 3 are formal parties.
The petitioner thus may now file the rejoinder qua the counter statement of respondent no.1 before the next hearing.
List the matter for completion of pleadings qua respondent no. on 20.02.2024. ”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2024 at 12:13:06
“Despite being served on 02.11.2023, the petitioner has neither appeared, nor filed the rejoinder qua the respondent no. 1. One final opportunity is granted to the petitioner to appear and file the rejoinder qua the respondent no. 1.
The respondent no. 2 & 3 are formal parties.
List the matter for completion of pleadings qua the respondent no. 1 on 15.04.2024. ”
“The petitioner has not been appearing or complying with the earlier directions dated 20.02.2024, despite being served on 02.11.2023. Hence the matter be placed before the Hon’ble Court for further proceedings on 10.09.2024.
The respondent no. 2 & 3 are formal parties.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2024 at 12:13:06
MINI PUSHKARNA, J
SEPTEMBER 10, 2024/kr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2024 at 12:13:06
1 issue framed by the court
Whether petitioner failing to appear despite service constitutes abandonment of the petition.
Ramdas Vaishnav
Nemichand Mehta and Ors.
Mini Pushkarna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
