ARIHANT TEA COMPANY Vs. JAYSHREE TEA AND INDUSTRIES LTD.

JUDGEMENT

(1.) BY this Order I shall dispose of the interlocutory petition dated 7.1.2001 filed by the opponent being the petitioner in the interlocutory petition which has been filed with the prayer that the evidence filed by them viz opponents be taken on record underR.50 of the Trade Marks Rules, 2002 and directions be issued for proceeding further in the opposition.

(2.) BOTH the respective Counsels appeared at the date fixed for the disposal of this interlocutory petition and argued their respective case in details. The Ld. counsel for the opponent petitioners prayed for the allowance of the interlocutory petition while the Ld. counsel for the applicant for registration vehemently opposed its grant.

(3.) THE opponents/petitioner has sought to base hid case underR.50 of the Trade Marks Rules framed under the New Trade Marks Act, 1999.