Madras High Court
WP(IPD)/36/2026 of Sumangala Steel Private Limited Vs UNION OF INDIA on 11 November 2026
WP(IPD) No. 36 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-11-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
WP(IPD) No. 36 of 2026
CNR: {HCMA012116562026}
Sumangala Steel Private Limited
Represented by its Authorized Signatory
Mrs. S. Priyamvatha
No. 45, Chamiers Road,
R.A Puram, Chennai,
Tamil Nadu 600 028, India
..Petitioner(s)
Vs
1. Union Of India
Through its secretary,
Ministry of Commerce and Industry,
Department for Promotion of Industry and Internal Trade, Udyog Bhawan, New Delhi-110011.
2. Controller General of Patents,
Designs and Trademarks,
Office of the Controller General of Patents, Designs and Trademarks, Registry Boudhik Sampada Bhawan
S. M. Road, Antop Hill, Mumbai - 400 037.
3. The Registrar of Trademarks,
Trademarks Registry Mumbai
Boudhik Sampada Bhawan
S. M. Road, Antop Hill, Mumbai - 400 037.
4. The Registrar of Trade Marks Chennai
Anna Salai, Guindy Industrial Estate
SIDCO Industrial Estate
Guindy, Chennai, Tamil Nadu 600032.
WP(IPD) No. 36 of 2026
5. Sree Sumangala Metals and Industries Private Limited Represented by its Managing Director Mr. Karthik Sabanayagan Saba House, No. 130A, Old No. 209A, 4th Floor, St. Marys Road, Chennai, Tamil Nadu 600018, India.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India, issuance of a Writ Certiorarified Mandmaus, praying to direct the respondent Nos. 1 to 4 to transfer the Rectification Petition under No. 290837 initiated against Trade Mark Registration No. 6110551 for the mark SUMANGALATMT
in Class 6 in the name of the Petitioner to the files of the Intellectual Property Division of this Honble Court and dismiss the same.
For Petitioner(s):
Mr.M.S.Bharath
For Respondent(s):
Mr.D.Baskar, for R1 to R4
Ms.Samyuktha, for M/s.D.R.Law Chambers
for R5.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The present writ petition has been filed seeking a writ of certiorarified mandamus to direct the respondents 1 to 4 to transfer the Rectification Petition under No. 290837, initiated against Trade Mark Registration No. 6110551 for the mark SUMANGALATMT in Class 6, in the name of the Petitioner, to the file of the Intellectual Property Division of this Honble Court and consequently dismiss the same as not maintainable in view of Section 124 read with Section 125 of the Trade Marks Act, 1999.
2. As far as the transfer is concerned, the same is sought on the ground that a civil suit in C.S.(Comm.Div.)No.29 of 2026 has been filed by the writ
WP(IPD) No. 36 of 2026 petitioner against the fifth respondent, which factum is not denied by the respondents 1 to 5.
3. Heard the learned counsel for the parties.
4. The learned counsel for the contesting fifth respondent would fairly submit that he has no objection to the transfer of the proceedings alone, but has a serious objection to the request for dismissal upon the rectification petition being transferred to this Court.
5. In order to avoid multiplicity of proceedings and conflicting decisions, it would be in the interest of parties concerned that the proceedings pending before the respondents 1 to 4 be transferred to the file of this Court to be taken up along with C.S.(Comm.Div.)No.29 of 2026. However, insofar as the request for dismissal of the rectification petition as not maintainable is concerned, the same cannot be tested at this stage, that too, in the present writ petition.
6. It is always open to the writ petitioner to take out an appropriate application in the pending suit.
7. Accordingly, the Writ Petition is partly allowed. There shall be no order as to costs. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mk
WP(IPD) No. 36 of 2026 P.B.BALAJI, J. mk WP(IPD) No. 36 of 2026 11-11-2026