- (1.) These are three applications for rectification filed in between Alka Ayurvedic Pvt Ltd and Bindal Food Products , the former has filed its application for expunction of registration number A75134/2005 standing in the name of the latter and the latter has moved two applications for expunction of registration numbers A-57315/99 and A- 57314/99 standing in the name of the former. The matter was heard at New Delhi on 24.2.2010.
(2.) Alka Foods Pvt Ltd. has moved an application dated 18.7.2009 requesting for the substitution of name of petitioner in its favour in relation to registration number A-75134. Circumstances leading to this request as explained in the application are that by assignment deed dated 18th September, 2008 M/s Alka Ayurvedic Pvt Ltd had assigned all its rights in the registered trade marks and copyrights and as well as common law rights in favour of Pritam Dass, proprietor of Alka Food Industries. By a partnership deed dated 1.1.2009, the said proprietory firm of Pritam Dass was converted into a partnership firm and his son Shri Anil Kumar Gera joined as partner. Shri Pritam Dass expired on 21.1.2009 and in terms of partnership deed the business was continued by Shri Anil Kumar Gera as proprietor of Alka Food Industries. Through a dissolution deed dated 15.3.2009 entered into between by the said Anil Kumar Gera and other legal heirs of Shri Pritam Dass, Shri Anil Kumar Gera became the sole proprietor of the firm. Through an assignment deed dated 5.5.2009, the said Anil Kumar Gera proprietor of Alka Food Industries assigned all his rights in the subject trademarks and copyrights with the goodwill in favour of Alka Foods Pvt. Ltd., the applicant herein. Affidavit enclosed with the instant application duly attested b} the oath commissioner bearing his date of attestation as 18.7.2009 is undated. Copy of assignment deed submitted dated 18.9.2008 has been executed by M/s Alka Ayurvedic Pvt Ltd in favour of Shri Pritam Dass, Proprietor of Alka Food Industries, inter alia, for registration numbers A-57314/1999 and A-57315/1999. Further, copies of a partnership deed and a dissolution deed have been submitted. Again, a copy of an assignment deed 5th May, 2009 assigning by Shri Anil Kumar Gera trading as Alka Food Industries, inter alia, registration numbers A-57314/1999 and A-57315/1999 in favour of Alka Foods Pvt Ltd has been submitted.
(3.) Short question before us is about the substitution of Alka Ayurvedic Pvt Ltd by Alka Foods Pvt Ltd as a petitioner in rectification application relating to registration number A75134/2005 and as respondent in rectification application relating to registration number A-57315/99 and A-57314/99.;