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2025 DAILYLAW 70091 (ALL)

PANKAJ YADAV v. UNION OF INDIA AND 2 OTHERS

WRIC/21109/2025 · 2025-07-07

Ashwani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107059-DB Court No. - 40 Case :- WRIT - C No. - 21109 of 2025 Petitioner :- Pankaj Yadav Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Kirtikar Pande Counsel for Respondent :- A.S.G.I. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. This petition has been filed with a prayer to command the Registrar, Trademark to decide petitioner's complaint dated 14.7.2022. This complaint is contained in Annexure-1 to the writ petition. The prayer in the complaint is to initiate action against the third respondent in light of Section 115(1) of the Trade Marks Act, 1999. According to petitioner, the third respondent is violating the provisions of Trade Marks Act, 1999. 2. At the very outset, a pointed query has been made to the counsel for the petitioner to disclose petitioner's locus and also explain as to whether any Trade Mark in favour of the petitioner is registered. The query, aforesaid, is made as the third respondent is manufacturing same product as is being manufactured by the petitioner. 3. Learned counsel for the petitioner contends that none of the petitioner's individual rights are infringed. However, the writ petition has been filed only because provisions of the Trade Marks Act, 1999 are being violated by the third respondent. 4. From the material placed on record, it does not appear that petitioner has any individual grievance in respect of the cause brought before this Court. Writ petition, otherwise, has not been filed in public interest. Possibility of this petition having been filed at the instance of some vested interest for extraneous reasons cannot be ruled out. 5. We, under such circumstances, would not allow the petitioner to invoke extraordinary jurisdiction of this Court for advancing his private interests, when the bonafide of the petitioner is suspect. 6. Writ petition is, accordingly, dismissed. Order Date :- 8.7.2025 SK Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad