IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 OP.No. 2080 of 2003(V) ---------------------- PETITIONER(S): --------------- 1. KALAN PHARMACEUTICALS, NELLAI, PARTNERSHIP FIRM, REPRESENTED BY MANAGING PARTNER K.P.ANTONY, KALAN HOUSE, NELLAI. 2. FLYCI JAMES, PROPRIETORY, KALAM DRUGS AND REMEDIES, NELLAI, THRSSUR DISTRICT. 3. K.P.JAMES, S/O.PAVUNNI, PROPRIETOR, KALAN'S PRODUCTS, NELLAI, THRISSUR DISTRICT. BY ADV. SRI.SABU GEORGE SRI.SAIGI JACOB PALATTY RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECREARY OF FINANCE GOVERNMENT SECRETARIAT, NEW DELHI. 2. THE REGISTRAR OF TRADE MARKS, OFFICE OF THE TRADE MARK REGISTRY, RAJAJI BHAVAN, II FLOOR D-WING, BESANT NAGAR, CHENNAI-90. 3. THE REGISTRAR OF TRADE MARKS, OFFICE OF THE TRADE MARKS REGISTRY, CENTRAL BUILDING, M.KARVE ROAD, MUMBAI-20. 4. K.L.POLY, S/O.LATE RELATHU LONAPPAN, KALATHU HOUSE, NELLAI, THRISSUR DISTRICT. ADV. SRI.D.SOMASUNDARAM, ADDL.CGSC FOR R1 TO 3 SRI.K.DIVAKARAN NAIR FOR R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1: True copy of the Certificate dated 13.08.1993 Ext.P2: True copy of the Order in O.P No. 4423/1999-B in the High Court of Kerala at Ernakulam dated 16.01.2001 Ext.P3: True copy of the Counter- Affidavit filed by the 2nd respondent in O.P. No. 4423/1999 Ext.P4: true copy of the intimations dated 31.12.2002 Ext.P4(a): True copy of the intimation dated 31.12.2002 //True copy// es ORDER IN C.M.P. NO. 3780 OF 2003 IN O.P NO. 2080 OF 2003 DISMISSED SD/- HARUN-UL-RASHID,JUDGE 16.1.2009 HARUN-UL-RASHID, J. ---------------------------------------- O.P.No.2080 of 2003 ---------------------------------------- Dated this the 16th day of January , 2009 JUDGMENT Petitioners and the 4th respondent are doing engaged in the manufacture of Ayurvedic Products. The first petitioner submitted to seprate applications dated 13.8.1992 and 27.9.1994. for registration of a trademark label. The second and third petitioners alsi filed similar applications on 4.9.1995 and 15.6.1996. The 4th respondent filed six applications on 7.12.1998 for registration of the trademarks . It is evidence that the applications submitted by the 4th respondent is much later that the application submitted by the petitiners. Bue to the pending of O.P 4423/1999 and Ext.P2 interim order passed in that O.P. The application submitted by the petitioner and the 4th respondent are still pending without registration. In the circumstances a direction tot he respondents 1 to 3 to dispose of the applications submitted by the petitioners and the 4th respondent is necessary in the interests of justice. Therefore I direct respondents 1 to 3 In the result I direct the 2nd respondent to consider and pass orders on the applications and petitioners and fourth respondent in the order of priority in accordance with law. The original petition is disposed of as above. (HARUN-UL-RASHID, JUDGE) es HARUN-UL-RASHID, J. --------------------------- O.P No.2080 of 2003 ---------------------------- JUDGMENT 16th January 2009