Chittosh Mookerjee, J. - (1.) J.B. Williams Company Inc. was a company incorporated in the State of New York, United States of America and it was the registered proprietor of the trade marks bearing Registration Nos. 517, 518, 103429, 137240 and 137241. L.D. Seymour & Company, which was a company incorporated under the Indian Companies Act, jointly with the said J. B. Williams Company Inc. had filed in the office of the Trade Marks Registry at Calcutta five applications for registration of the said L.D. Seymour & Company Pvt. Ltd. as the sole registered user under Section 49 of the Trade and Merchandise Marks Act, 1958 and Rule 82 of the Trade and Merchandise Marks Rules, 1959 in respect of the said five registered trade marks. The Registrar of Trade Marks, forwarded the applications to the Central Government. Thereafter, the Registrar of Trade Marks gave the petitioners notice under Rule 86(1) of the Trade and Merchandise Marks Rules, 1959 to show cause why the Central Government shall not issue directions to refuse the aforesaid applications on the ground that the use of foreign brand names in the field of soaps, cosmetics and toilet preparations was not being encouraged now, more so, when there was foreign exchange expenditure involved in any form, as the same was sure to affect the sale of indigenous brands and thus affect the growth of indigenous industry. Thereupon, the petitioners showed cause and they were also given a hearing. The Deputy Registrar (Co-ordination), Government of India, Trade Marks Registry, Bombay, by a letter dated 23rd August 1966 informed the representatives of the petitioners that in pursuance of Section 49(3) of the Trade and Merchandise Marks Act, 1958 read with Rule 86(4) of the Trade and Merchandise Marks Rules, 1959, the Central Government had directed the Registrar to refuse the said applications in respect of Registered Trade Marks Nos. 518, 103429, 137240 and 137241 of J.B. Williams Company Inc. Accordingly, the said four applications had been refused in pursuance of Section 49(4) of the said Act.
(2.) The petitioners J.B. Williams Company Inc. and L.D. Seymour and Company India Pvt. Ltd. filed a writ petition challenging the aforesaid refusal order and thereupon Civil Rule No. 89(w) of 1967 was issued. The respondents to the writ petition by filing affidavits in opposition opposed the said Rule. His Lordship the Hon'ble Mr. Justice Pradyot Kumar Banerjee by his judgement dated 20th February, 1973 made the said Rule absolute and quashed the impugned order. The respondents to the writ petition were given liberty to proceed again in accordance with law. The appellants, being aggrieved by the said judgement, have preferred this appeal under Clause 15 of the Letters Patent.
(3.) After the appeal was heard in part, Mr. Maloy Kumar Ghose, the learned Junior Advocate on behalf of the respondent Nos. 1 and 2, submitted that he has been instructed to state that the respondents were no longer interested to defend the appeal and to proceed any further in the matter. Mr. Ghose accordingly submitted that he may be exempted from further appearing in the matter. In the circumstances, we did not think it necessary to issue administrative notices upon the respondents who had already signified their intention not to defend the appeal or to proceed any further in this matter. Thus, the respondents to the appeal who filed the writ petition are no longer willing to press their case.;