LA GAJJAR MACHINERIES PVT LTD. vs KESARI LAL – ARUNA INDUSTRIES AND ANIR

$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 26/2021
LA GAJJAR MACHINERIES PVT LTD. ….. Petitioner
Through: Mr. Samanyu Bhatnagar and Mr. Bhav Arora, Advs.

versus

KESARI LAL – ARUNA
INDUSTRIES AND ANR ….. Respondents
Through: Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikaday, Mr. M. Sriram and Mr. Krishnan V, Advocates
CORAM:
HON’BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (ORAL)
% 16.10.2023

1. Mr. Bhatnagar, who appears on behalf of the petitioner, submits that, though the impugned mark ARUNA, against which the present petition has been preferred, has expired, it is still shown as “registered” in favour of Respondent 1 on the website of the Registrar of Trade Marks.

2. Mr. Paikaday, who appears on behalf of the Registrar of Trade Marks, submits that, at times, some delay is occasioned in showing the correct status of the trade mark.

3. As the trade mark has yet not been renewed, the Registrar is directed forthwith to correct the status of the impugned mark and show it as expired on the website of the Registrar of Trade Marks.

4. In that view of the matter, no further orders are required to be passed in this petition. The petition is, accordingly, disposed of with liberty to the petitioner to revive this petition by means of an application, should the impugned trade mark be renewed.

C.HARI SHANKAR, J
OCTOBER 16, 2023
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