IP Case Digest · Patents

Terex India Private Limited v. CDE Asia Ltd. & Anr., IPDAID 4 of 2024 (Old No. A.I.D. 8 of 2023)

Case number
AID 4 of 2024
Date of judgment
Judge
Krishna Rao
Outcome
Remanded

Headnote

Order of the Deputy Controller refusing a post-grant opposition set aside and the matter remanded for fresh consideration from the stage of argument. The Deputy Controller had recorded the submissions of the parties and the contents of their written arguments but assigned no reasons. On procedure, Order XLI Rule 25 CPC does not apply to an appeal under section 117A, because the Controller is not a civil court, following the Delhi High Court Division Bench in Promoshirt, and section 100A is confined to a second appeal against a decree or order of a civil court. There is no mandatory rule that a remand go to the same or a different officer, but where there is a possibility of pre-determination it is proper to send it to a different one.

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Also listed as

  • Terex India Private Limited v. CDE Asia Ltd. & Anr. (IPDAID No. 4 of 2024)

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.