S.USHA VICE CHAIRMAN - (1.) THE instant application is to condone the delay of 72 days in filing the appeal against the order of the Deputy Registrar of Trade Marks dated 21.06.2012.
(2.) THE facts of the case are as follows; The impugned order was passed on 21.06.2012 and received by the appellant on 13.07.2012. The copy of the order was forwarded to the appellants and by mistake the clerical staff had placed the original order copy in some other file and therefore was not brought to the knowledge of the management. The counsel, who had written a letter for the payment of bill for attending the hearing in December, 2012, the appellant had thereafter requested for the copy of the order. The order copy was sent to the appellant and on receipt of instructions from the appellant the appeal was filed with a delay of 72 days. The delay in filing the appeal is neither intentional nor deliberate and is the outcome of the clerical mistake. It is just a bona fide mistake and cannot be attributed to the appellant.
(3.) THE impugned order is ex facie not sustainable in law and there is a very strong probability that the same would be set aside by this Board after hearing the parties. The appellant is most likely to succeed in the appeal and in all probabilities will succeed on merits. The balance of convenience is in favour of the appellant and against the respondents. The delay is about 72 days. The appeal ought to have been filed by 13.10.2012, but was filed on 17.12.2012. If the delay is condoned, it will not cause any loss or hardship to the respondents, whereas if the delay is not condoned the appellant would suffer irreparable loss and be prejudiced;