S.USHA,VICE CHAIRMAN - (1.) THE applicant/petitioner herein filed the instant miscellaneous petition for taking on record the affidavit of Mr.Harne Vinay Chandrakant and to pass such further orders.
(2.) THE grounds of the miscellaneous petition are that one Mr. T.S.Rajagopalan had left the services of the applicant company on 22.01.2009 and that the respondents had intimated the applicants that they wish to cross examine the deponent of the revocation petition. Therefore, the applicants had filed an affidavit of Mr.Harne Vinay Chandrakant to prove the contents of the application. The affidavit which is filed now is for certain expert opinion as to the validity of the patent.
(3.) THE affidavit also gives the details about the qualification of the deponent. Mr.Chandrakant is a Mechanical Engineer from the Gujarat university and has done his post -graduation (M -Tech) at IIT, Madras. He joined the applicant company as a Research Development Officer in the year 1982. He is involved in all the new engines developed by the company. He is therefore an expert in the field of internal combustion of engine. The documents filed were already served on the respondents and the respondents cannot be said to have been taken by surprise by these documents. This Board has powers under Section 92(2) of the Trade Marks Act, 1999 to receive evidence and to issue commission for examination of witnesses. Though this Board is not bound by the Code of Civil Procedure, the principles of natural justice are to be followed.;