- Case number
- (T)CMA(TM) 67/2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Remanded
Headnote
An opposition was wrongly deemed abandoned for want of evidence. The obligation to file evidence under Rule 50 arises only after the Registrar has served the applicant's counter statement on the opponent under section 21(3) read with Rule 49, and no counter statement was ever served. Evidence is needed only once there is a dispute, and the dispute arises on the counter statement. If none was filed, it is the application that stands abandoned, and that cannot reflect on the opponent.
Disposition
Allowed. Impugned order set aside and the matter remanded to the Registrar to pass such orders as the Act mandates.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.