JAGANMOHAN REDDY, J.

( 1 ) O. P. No. 2/63 was filed by Habeeb Ahmed, under Sections 46, 47, 56 read with 107 and 108 of the Trade and Merchandise Marks Act, 195s for rectification, cancellation etc. , of the trade name "rafiq Jadi Beedi", he having taken the trade name of "rafiq Judi Bidi".

( 2 ) IT may be stated that "rafiq Jadi Beedi" was got registered by the 2nd respondent as Trade Mark No. 203382 in the Office of the Trade Mark Registry at Madras. The petitioner was manufacturing beedies in the name of "rafiq Jadi Bidi" and filed an application for registration of this Trade Mark on 12-6-1963. But the registration was opposed by the 2nd respondent. The 2nd respondent further filed a criminal case No. 5127 of 1963 on the file of the 8th City Magistrate, Hyderabad against the petitioner under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 (hereinafter called "the Act") read with Sections 482, 486 and 488 of the Indian Penal Code, for infringement of the trade mark. In these proceedings, the petitioner pleaded invalidity of the registration and also filed this O. P. on 27-7-1963. He further applied for slay of the criminal case by way of an application No. 229/63

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