Dismissed¶22

Sumeet Research and Holdings Private Limited v. Sumeet Appliances Private Limited

Madras HC2 Jan 2025(T)OP(TM)/248/2023

Case brief

AI extract

What is this about?

Dismissal for non-prosecution of five Trade Marks Act, 1999 (Ss. 57 & 125) rectification petitions by Sumeet Research and Holdings Private Ltd against Sumeet Appliances Private Ltd and Registrar of Trade Marks, Chennai, concerning TM Regn. Nos. 263836, 574506, 574504, 574508 (Classes 7, 9, 7, 11 & 7); counsel reported no instructions 25.10.2024; dismissed 02.01.2025 by Abdul Quddhose J., no costs.

What did the court decide?

As sufficient opportunity was already given to the petitioner to engage new counsel and no appearance was entered, the Court inferred that the petitioner was not interested in prosecuting the 2023 petitions and dismissed all five petitions for non-prosecution, declining further time. ¶22

Sumeet Research and Holdings Private Limited Vs Sumeet Appliances Private Limited — Madras HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.01.2025

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CORAM

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THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

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(T) O.P. (TM) Nos.248, 488, 498, 504 and 539 of 2023

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Sumeet Research and Holdings Private Limited .. Petitioner in all cases

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1.Sumeet Appliances Private Limited

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2.Registrar of Trade Marks, IP Building GST Road, Guindy, Chennai - 600 032, Tamil Nadu. .. Respondents in all cases

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Prayer in all cases: These petitions filed under Sections 57 and 125 of the Trade Marks Act, 1999 may be pleased to grant the following reliefs:

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a)That the entry with respect to the subject Trade Mark registration bearing Trade Mark Nos.263836, 574506, 574504, 574508 & 574504 in Classes 7, 9, 7, 11 & 7 be rectified to expunge respondent No.1 - Sumeet Appliances Private Limited as the registered proprietor and

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b)that the respondent No.2 - Registrar of Trade Marks, Chennai may be directed to reinstate the petitioner - Sumeet Research and Holdings Private Limited as the registered proprietor in respect of the subject registration bearing Trade Mark Nos.263836, 574506, 574504, 574508 & 574504 in Classes 7, 9, 7, 11 & 7 in furtherance of the relief granted under paragraph 12.1.

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https://www.mhc.tn.gov.in/judis

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ABDUL QUDDHOSE,J.

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vga

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For petitioner in all cases	: No appearance
For R1 in all cases	: Mr.S.Namasivayam
For R2 in all cases	: Mr.K.Subbu Ranga Bharathi

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COMMON ORDER

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Today, these matters are listed under the caption 'for dismissal'.

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2.On 10.12.2024, this Court had directed the registry to list these matters

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under the caption 'for dismissal' since the counsel on record for the petitioner in (T) O.P. (TM) Nos.248, 488, 498, 504 and 539 of 2023 had reported no instructions in these matters as early as on 25.10.2024. Till date, no one has entered appearance on behalf of the petitioner in the aforesaid O.Ps.

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3.Since sufficient opportunity has already been granted for the petitioner in the aforesaid O.Ps to engage a new counsel, this Court is not inclined to grant any further time for the same. Since the O.Ps are of the year 2023, it can now be inferred that the petitioner is not interested in prosecuting these petitions. Accordingly, these petitions are dismissed for non-prosecution. No costs.

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02.01.2025

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vga

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(T) O.P. (TM) Nos.248, 488, 498, 504 and 539 of 2023

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https://www.mhc.tn.gov.in/judis

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