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Judgment
S. Usha, J
M.P. No. 19/10
Miscellaneous Petition filed by the Respondent to condone the delay of four days in filing the miscellaneous petition to take on record additional
documents as per the direction of this Appellate Board.
We find no reason for disallowing the miscellaneous petition. The miscellaneous petition has been filed as per the directions of this Appellate Board
and there has been a delay of four days. The reason for the delay is that the signatory was not in station. We, therefore, are of the view that the delay
can be condoned and the miscellaneous petition is liable to be allowed. Accordingly M.P. No. 19/10 is allowed.
M.P. No. 18/10
Miscellaneous petition filed by the Respondent to take on record the additional documents like sale invoices, bills, assessment orders etc. The reason
for filing the same at such belated stage is that certain developments had taken place.
The counsel for the applicant had opposed to taking on record those documents. As per Section 92 of the Trade Marks Act, 1999, though the
Appellate Board shall not be bound by the Code of Civil Procedure, but shall be guided by the principles of natural justice. Filing of additional
documents cannot be shut down without any reason. The Tribunals are entitled to adopt a procedure which is fair and just. The case on hand being a
rectification application, a case of first instance has to be tried in a just and fair manner. Documents of such nature being filed at this belated stage can
be taken on record if there is no express bar to accept the same.
Following the principles laid down by the Apex Court and other High Courts, we are of the view that the documents shall not be shut down at any
stage. We, therefore, take on record the additional documents with a direction to the Respondent / applicant to file their affidavit of documents within
a period of three weeks from the date of receipt of the order. Accordingly, miscellaneous petition No. 18/10 is allowed.