Title: AYUR UNITED CARE LLP v. UNION OF INDIA & ANR
Decided on: 16th October, 2023
W.P.(C)-IPD 61/2021
CORAM: Hon’ble Justice C. HARI SHANKAR
Introduction
The following addresses the controversy regarding the issue of whether writ petitions, challenging orders passed by the Intellectual Property Appellate Board (“IPAB”), filed before abolition of the IPAB on 4 April 2021, would have to be heard by a Single Bench or by a Division Bench of this Court.
Facts of the Case
By order dated 28 June 2013, the learned IPAB has allowed rectification petitions filed by the second respondent, challenging the registration of the mark “AYUR” in favour of the petitioner. Aggrieved thereby, the petitioner has preferred the present writ petitions under Article 226 and 227 of the Constitution of India.
A serious preliminary objection has been advanced by the respondents, to the effect that these petitions have necessarily to be listed before a Division Bench of this Court and cannot be heard by a Single Judge.
Courts analysis and decision
The Delhi High Court has determined that a single judge, rather than a division bench, must hear and deliberate writ petitions challenging the decisions made by the IPAB prior to its abolition in 2021.
The High Court also observed and stated that a number of tribunals, notably India’s IPAB, were disbanded by the Tribunal Reforms Act of 2021, and their duties were transferred to the nation’s Commercial Courts and High Courts. In context of the above the court said that there is no provision in the aforementioned Rules requiring such writ petitions to be handled by Division Benches and that Rule 4 read with Rules 2(i) and 2(l) of the Intellectual Property Division (IPD) Rules, 2021 require writ petitions challenging orders passed by the IPAB to be decided by single judges.
The Delhi High Court Rules, according to the court, would also mandate that such writ petitions be considered by a single judge. It further said that, absent recusal, any reluctance or unwillingness on the part of the Single Judge to consider the petitions would constitute judicial function abdication.
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Written by- Aashi Narayan
