Samriddhi Rice Mill Private Limited Vs. The Controller General of Patents

Samriddhi Rice Mill Private Limited Vs. The Controller General of Patents, Designs and Trade Marks & Others:Misc. Appeal No. 316 of 2024:Date of Order: 30th April 2025:High Court of Jharkhand, Ranchi: Hon’ble Mr. Justice Sanjay Kumar Dwivedi

Facts:

The appellant, Samriddhi Rice Mill Pvt. Ltd., filed an appeal under Section 72(2) of the Copyright Act, 1957, challenging the order passed by the Deputy Registrar of Copyrights, who is based in New Delhi. Both the appellant and Respondent No. 6 conduct business and have offices in the state of Jharkhand.

Procedural History:

Respondent No. 6 objected to the maintainability of the appeal in the Jharkhand High Court, arguing that such appeals must be filed only in the Delhi High Court, where the Registrar of Copyrights is based. He also contended that the appeal should be heard by a Division Bench and not a Single Judge.

Issues:

1. Whether the Jharkhand High Court has territorial jurisdiction to entertain the appeal under Section 72 of the Copyright Act, 1957?

2. Whether the appeal should be heard by a Single Judge or a Division Bench?

Decision:

The Court held that the Jharkhand High Court has jurisdiction to entertain the appeal as both parties conduct business in Jharkhand and the statute (post-2021 amendment) does not restrict jurisdiction to the Delhi High Court alone.

The Court clarified that under Section 72(2) of the Copyright Act (amended), the appeal is to be heard by a Single Judge, with discretion to refer it to a Division Bench if needed.

The Court also noted that statutory provisions override High Court rules, and the current legal framework does not mandate Division Bench hearing unless specifically ordered.

Outcome:

The preliminary objection regarding maintainability was rejected. The Court held that the appeal is maintainable before the Jharkhand High Court and will be heard on merits in due course.