S. Usha, Member (T) - (1.) THE above three miscellaneous petitions are filed by the applicant herein in the main application for rectification. Miscellaneous petition No. 132/08 is for staying the operation of the impugned order dated 23.06.08 pending disposal of the present appeal. Miscellaneous petition No. 186/08 is for taking on record the list of documents mentioned along with this petition. Miscellaneous petition No. 187/08 is for a direction to the respondent No. 1 to produce the original courier/postal receipt dated 28.06.05 with acknowledgement.
(2.) THE petitioner stated that the respondent No. 1 in their counter statement to the main appeal had stated that they had forwarded their evidence under Rule 50 of the Trade Marks Rule, 2002 to the Registrar of Trade marks along with copies to the petitioner herein in the opposition proceedings. The petitioner stated that he had not received the entire set of documents said to have been sent, before the Registrar of Trade Marks. The petitioner had, therefore, contacted the counsel for respondent No. 1 to ascertain the same. The petitioner prayed that the original courier receipt along with the acknowledgement be produced by the respondent No. 1 by a direction of this Appellate Board and that the correspondences sent to the respondent be taken on record. The respondent No. 1 filed their reply denying the material allegations made in the petition.
(3.) THE petitioner stated that the impugned order be stayed till the disposal of the appeal in the miscellaneous petition No. 132/08 on the ground that the impugned order was contrary to the facts on record and the provisions of law and that the order cannot be sustainable in law.;