IN THE HIGH COURT OF DELHI AT NEW DELHI
Present: Mr. Ajay Amitabh Suman, Advocate for the Plaintiff
IA No. 4928/2008 in CS(OS) No. 260/2004
This matter has been put up by the Joint Registrar to the Court since
Plaintiff made a request that he wants to summon additional witnesses.
Plaintiff made this application under Order 16 Rule 1and2 CPC for summoning of
additional witness. Plaintiff states that Plaintiff wants to summon The
Registrar of Trade Marks, Trade Marks Registry, Boudhik Sampada Bhawa, Dwarka,
New Delhi to prove registered trade mark of the Plaintiff No. 367241 and to
prove the NOC dated 22.07.2003 issued by the Registrar of Trade Marks, New
Delhi. The Registrar of Trade Marks is a public authority discharging functions
under the Trade Marks Act of registration of trade marks and all orders and
certificates issued by the Registrar of Trade Marks can be proved by filing
certified copies of the orders. The Trade Marks Registrar is not required to be
summoned for proving the trade mark certificates and orders passed by it. If
this is allowed, Registrar will in fact standing in the Court and shall not be
discharging any public function because everyday several trade marks matters are
fixed in this Court which are in the evidence stage. I, therefore, consider
that there is no necessity of summoning the Registrar of Trade Marks to prove
trade marks registration certificate or order passed by him or NOC issued by
him. Filing of certified copies is sufficient and will serve the purpose. The
application is hereby dismissed.
CS(OS) No. 260/2004
List before the Joint Registrar on the date already fixed i.e. 20.08.2008
for recording examination-in-chief and cross-examination.
April 28, 2008 SHIV NARAYAN DHINGRA, J.