- (1.) The Court-The application has been taken out by respondent Nos.1 and 1A for granting leave to enter into permitted user and/or Registered user agreement of the trade marks registered under the numbers 1285, 92083 (by mistake in the prayer mentioned as 92088), 129959, 129960, 146830, 147188, and 214080.
(2.) This application is necessitated to be made because of the judgment and order dated 13th September, 1990 passed in the aforesaid matter by His Lordship the Hon'ble Mr. Justice Ajit Kumar Sengupta (as His Lordship then was). In this case there is a short history which I feel it to be narrated.
(3.) The Cycle Corporation of India (hereinafter referred to as Corporation) originally initiated the aforesaid proceedings in connection of which the present application has been made by the respondents, for removal of 12 trademarks of the respondent nos. 1 and 1A from the Registrar of Trade Marks under sections 32, 46, and 56 of the Trade and Merchandise Marks Act, 1958.;