Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL MISC REVIEW APPLICATION No. - 113 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri R.K.Kesari, learned counsel for petitioners-review applicant and Sri Ashwani Kumar Tripathi, learned Standing Counsel for State.
2. Present review application has been preferred with prayer to review/recall/set aside the judgment and order dated 10.08.2023 passed by this Court in instant writ petition bearing Writ C no. 14504 of 2023 (Azad and 2 others vs. State of U.P. and 4 others) and further prayer has been made to quash the order dated 06.08.2012 passed by respondent no. 4 which has been challenged through instant writ petition.
3. Learned counsel for petitioners/review applicant sought the review of the order dated 10.08.2023 on the basis of the legal arguments that on the basis of the judgment rendered by Hon'ble Apex Court in case of Whirlpool Corporation v. Registrar of Trade Marks, Mumbai (1998) 8 SCC 1, alternate remedy is not barred whereas alternate remedy available before the petitioners was to prefer appeal and the same has been extended in favour of the petitioners while disposing the instant writ petition. 4.Learned Standing Counsel vehemently opposed the prayer sought through instant application.
5. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that the arguments so raised by learned counsel for the petitioners are amenable, if the order Versus Counsel for Applicant(s) : Dinesh Kumar Mishra, Raj Kumar Kesari Counsel for Opposite Party(s) :
Ajad And 2 Others .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s)
dated 10.08.2023 will be challenged before higher forum but not for seeking review on the legal issues.
6. In view of foregoing discussion, the instant review application stands dismissed. September 17, 2025 Shaswat CMRA No. 113 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad