Sona Spices Matter-Registrar is not required to be summoned-Shiv Narain Dhingra

IN THE HIGH COURT OF DELHI AT NEW DELHI

   28.04.2008

  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.
  vn
  A-34