High Court Madras High Court

Vidya Bhushan Jain vs Collector Of Customs … on 17 March, 2006

Madras High Court
Vidya Bhushan Jain vs Collector Of Customs … on 17 March, 2006
Author: K M Ram
Bench: K M Ram


JUDGMENT

K. Mohan Ram, J.

1. Heard the learned Counsel for the petitioner and Mr. T.S. Sivagnanam for Mr. A. Prabhakara Reddy, learned Central Government Standing Counsel for the respondents.

2. By consent of both sides, the writ petition itself is taken up for final disposal.

3. The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to pass orders on the representations dated 30.10.2004, 19.11.2004 and 02.02.2005 by strictly enforcing the bar contained in Sections 29(6)(c) and 140 of the Trade Marks Act, 1999, and consequently, direct them not to permit import of any goods infringing the registered trade mark ELFY of the petitioner in any manner.

4. Considering the nature of the prayer sought for in the writ petition and the fact that the writ petitioner has sent representations as early as 30.10.2004, 19.11.2004 and 02.02.2005, the respondents herein are directed to consider the said representations on merits and in accordance with law, and in the light of the Provisions contained in Sections 29(6)(c) and 140 of the Trade Marks Act, 1999, after giving an opportunity of hearing to the petitioner herein. The petitioner shall submit copies of the above said representations along with the copy of this Order, to the respondents herein within a week from today and on such receipt, the respondents shall dispose of the same as directed above, within a period of four weeks therefrom.

5. With the above directions, the writ petition is disposed of. No costs. Consequently, connected WPMP is closed.