KANPUR TRADING COMPANY PVT LTD Vs. AFROZ AHMED AND FEROZE AHMED TRADING AS SAHANA SOAP WORKS

JUDGEMENT

(1.) THESE proceedings relate to an application for review filed on 3rd October, 2002 by Afroz Ahmed and Feroz Ahmed trading as Sahana Works, 444, Dariyabad. Allahabad-211003 (hereinafter referred to as the Opponents/Petitioners) to review the Order under Rule 53 (2) passed by the then Deputy Registrar of Trade Marks on 3rd September, 2002.

(2.) Mr. Ajay Sahni and Mr. Ram Naresh Awasthi, Advocates instructed by the Calcutta Trade Marks Company, appeared for and on behalf of the applicants M/s. Kanpur Trading Company Private Limited, 117/H-2/202, Pandu Nagar, Kanpur and none appeared on behalf of the review petitioners/opponents.

(3.) AS the opponents/petitioners failed to file the requisite evidence or any intimation thereto within the statutory time, by reason of the operation of Rule 53(2) of the Trade & Merchandise Marks Rules, the said opposition were deemed to have been abandoned and a formal order for costs was passed by the then Deputy Registrar of Trade Marks on 3rd September, 2002. Resultantly Opposition No. DEL-T-2179 and T-2178 were deemed to have been abandoned and the Opponents/Petitioners were ordered to pay to the Applicants/Respondent a sum of Rs. 50/- in each cash.