(TM) A.No.46 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM: THE HON'BLE DR.JUSTICE A.D.MARIA CLETE (TM) A.No.46 of 2026 and OP(TM) No. 68 of 2025 M/s. New Yorker S.H.K. Jeans Gmbh And Co.Kg Rep. by its Signatory Authority, Wolfgang Furstberger, Russeer Weg 101 - 103, 24109, Keil Germany. ..Petitioner Vs 1. M/s. Rahul Barlota No.40, First Floor, First Cross, Second Main Road, H.Siddiah Road, Sudhanagar, Bangalore - 560027 Karnataka. 2. The Registrar Of Trade Marks Office of the Trade Mark Registry, IP Office Building, G.S.T. Road, Guindy, Chennai - 600 032. ..Respondents PRAYER: Trade Marks Application filed under Order XIV Rule 8 of Original Side Rules read with Order V Rule 20(1-A) of the Code of Civil Procedure, 1908 to order substituted service in O.P(TM).No. 68 of 2025 by way of Paper Publication in any newspaper having circulation at Bangalore, Karnataka where the respondent is located and thus render justice. For Petitioner: M/s. Rajesh Ramanathan For Respondents: Mr.G.Subramanian, Central Govt. Counsel For R-2 R1- No Appearance https://www.mhc.tn.gov.in/judis (TM) A.No.46 of 2026 __________ Page2 of 4 O R D E R This application has been filed seeking permission to effect substituted service on the first respondent under Order V Rule 20(1-A) of the Code of Civil Procedure, 1908. 2. It is stated that despite attempts to effect service on the first respondent in the ordinary course, the notice sent to the address furnished by him was returned unserved with the endorsement “No such person found / no such person in the given address”. Thereafter, pursuant to the directions of this Court, notice was also caused to be served on the Trade Mark Attorney/Agent, who had represented the first respondent before the Trade Marks Registry. Despite such service, the first respondent has neither entered appearance nor made any representation in these proceedings. 3. On perusal of the records and the affidavit filed in support of the application, this Court is satisfied that service cannot effectively be completed on the first respondent in the ordinary manner and that substituted service is therefore warranted. https://www.mhc.tn.gov.in/judis (TM) A.No.46 of 2026 __________ Page3 of 4 4. Accordingly, the petitioner/applicant is permitted to effect substituted service on the first respondent by publication of the notice in any daily newspaper having circulation in Bangalore, Karnataka, where the first respondent is stated to be located. 5. The publication shall specify the date fixed for appearance before this Court and shall be effected at least 15 days prior to the date of hearing. Proof of publication shall be filed before 17.09.2026. 6. Accordingly, this application is allowed. No costs. 20-08-2026 sts To The Registrar Of Trade Marks Office of the Trade Mark Registry, IP Office Building, G.S.T. Road, Guindy, Chennai - 600 032. https://www.mhc.tn.gov.in/judis (TM) A.No.46 of 2026 __________ Page4 of 4 DR.A.D.MARIA CLETE J. sts (TM) A.No.46 of 2026 and OP(TM) No. 68 of 2025 Dated: 20-08-2026 https://www.mhc.tn.gov.in/judis