Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5204 of 2018 Petitioner :- Anwar Ahmad and 3 Others Respondent :- Additional District Judge Court No. 8 Allahabad And 3 Others Counsel for Petitioner :- Pradeep Kumar Rai,Saurabh Trivedi Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners.
Petitioners have filed Original Suit Nos.01 of 2017 and 02 of 2017 (Anwar Ahmad vs. Mohd. Ahmad Ansari) under Section 134 of Trade Mark Act for a decree of permanent injunction in respect of their trade mark.
Petitioners have filed this petition for a direction to decide the above suits expeditiously on day-to-day basis and to complete the trial within four months.
Learned counsel for the petitioners submits that the aforesaid suits are being unnecessarily kept pending and they require to be decided expeditiously within a time bound period.
The Apex Court in Shree Vardhman Rice and General Mills Vs. Amar Singh Chawalwala 2009(2) CTMR 340 (SC) in paragraph 5 has observed as under:-
"In our opinion, in matters relating to trade marks, copyrights and patents the proviso to Order XVII Rule 1(2), CPC should be strictly complied with by all the courts, and the hearing of the suit in such matters should proceed on day-to-day basis and the final judgment should be given normally within four months from the date of the filing of the suit."
In view of above mandate of the Supreme Court, the petition is dispensed with the direction to the court of Additional District Judge, Court No.8, Allahabad to proceed and decide the above suits accordingly within a period of four months from the date of production of certified copy of this order.
Order Date :- 31.7.2018 RKP