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Judgment
S. Usha, J
Miscellaneous petition filed by the applicant to implead the legal heirs of the deceased respondent. The original rectification application has been
filed against a sole respondent for removal of the trade mark 'ANIL' under No. 379288 in class 30.
The sole respondent Mr. Pritam Das expired on 21.01.2009. The legal heirs of the deceased respondent (i) Anil Kumar, (ii) Rakesh Kumar and (iii)
Mrs. Seema Khurana are to be impleaded in the interest of justice, equity and good conscience and in accordance with law.
The miscellaneous petition came up before this Appellate Board on 19.05.2010 at the Circuit Bench sitting at Delhi. Learned Counsel Shri Amit Jain
appeared on behalf of the petitioner/applicant. None appeared for the respondent.
We have heard the counsel for the applicant and on enquiry the counsel stated that they came to know about the death of the respondent recently
and have taken necessary steps to bring the legal heirs on record.
In the interest of justice and for proper adjudication of the matter, we think it necessary that the legal heirs of the deceased respondent are brought
on record. In view of the above, the legal heirs are taken on record allowing the miscellaneous petition No. 44/2010. The Registry of this Appellate
Board is directed to issue notice to the legal heirs.