Madras High Court
WP/22260/2021 of M/s.Grescasa Ceramics Limited Vs Pamesa Ceramica SL on 30 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR. JUSTICE P. VELMURUGAN
AND
THE HON'BLE MR. JUSTICE GK. MUTHUKUMAAR
W.P.No.22260 of 2021
CNR: {HCMA011215372021}
M/s.Grescasa Ceramics Limited
(Now Known as M/s.Grescasa India Limited), Rep by its Director, Mr.Rakesh Agarwal, No.5-E, Laxmi Industrial Estate, New Link Road, Andheri (W),
Mumbai – 400 053.
..Petitioner(s)
Vs
1. Pamesa Ceramica SL,
Camino Alcora Numero 8,
12550 Almazora,
Castellon,
Spain.
2. The Registrar of Trademarks,
Trade Mark Registry,
IR Division, Boudhik Sampada Bhavan,
SM Road, Dosti Acres,
Antop Hill,
3. The Registrar,
Intellectual Property Appellate Board,
2nd Floor Guna Complex Annex,
443 Anna Salai,
Annex, Teynampet,
Chennai – 600 018.
4. Union Of India
Through Secretary,
Ministry of Commerce and Industry,
Udyog Bhavan,
New Delhi - 110011.
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to call for the records and quash the Order dated 22.09.2020 passed in ORA/51/2018/TM/MUM/3054 by the IPAB. This Hon’ble Court be pleased to hear and decide the matter afresh on merits / direct the appropriate forum to hear and decide the matter afresh on merits. This Hon’ble Court be pleased to and direct the 2nd respondent not to remove/restore the Trademark No.1414796 in class 19.
For Petitioner(s):
Mr.M.Kandasamy
For Respondent(s):
Mr.B.Rabu Manohar SCGSC
for R2 & R4
R3-No appearance
R1-Not ready in notice
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ORDER
(Order of the Court was made by P.Velmurugan J.) On 09.09.2026, this Court passed the following order: “Batta to be filed within three working days, and the Affidavit of Service with proof of acknowledgment to be filed by the learned counsel for the petitioner in the Registry on or before the next date of hearing, failing which this petition shall stand dismissed automatically, without any further reference to the Court.”
2. Despite the aforesaid specific direction, the learned counsel for the petitioner has not complied with the same. Neither the batta has been filed within the stipulated period nor has the Affidavit of Service, along with proof of acknowledgment, been filed before the Registry within the time granted by this Court.
3. In view of the specific order dated 09.09.2026 and the failure on the part of the petitioner to comply with the directions contained therein, this writ petition stands dismissed. There shall be no order as to costs. (P.V.,J.) (G.K.M.,J.) 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PAM
P.VELMURUGAN, J. AND GK.MUTHUKUMAAR, J. PAM To
1. The Registrar of Trademarks, Trade Mark Registry, IR Division, Boudhik Sampada Bhavan, SM Road, Dosti Acres, Antop Hill, Mumbai – 400 037.
2. The Registrar, Intellectual Property Appellate Board, 2nd Floor Guna Complex Annex, 443 Anna Salai, Annex, Teynampet, Chennai – 600 018.
3. The Secretary, Union of India Ministry of Commerce and Industry, Udyog Bhavan, New Delhi – 110011. W.P.No.22260 of 2021 30-09-2026