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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, VENKATESH NAIK T.
Classic Legends Private Limited, Represented By Its Authorized Signatory, Mr. Ashish Joshi – Appellant
Versus
Tide Water Oil. Co. (INDIA) Ltd., Represented By Its Director – Respondent
JUDGMENT :
D. K. SINGH, J.
1. These 12 appeals have been filed against the common judgment and order dated 16.12.2022 passed by the learned Single Judge in OLR No.343/2015, C.A.No.71/2018, C.A.No.125/2020, C.A.No.126/2020, C.A.No.127/2020, C.A.No.128/2020, C.A.No.304/2021 and C.A.Nos.308-312/2021 respectively.
I. DESCRIPTION OF PROCEEDINGS:-
2. A brief description of the different proceedings filed by the parties is given hereunder:-
(i) OLR No.343/2015 was filed by the Official Liquidator (OL) seeking sanction of the Court for sale of brands, trade marks, logos, product designs know-how and associated rights of the company with all past and future goodwill attached to it with the exclusive right to the prospective buyer to exploit, restore and/or renew the registered/removed and expired trade marks, to apply for registration afresh of all these marks and to use these marks as domain names, to use in various internet and social media sites and for approval to the draft sale notices etc.
(ii) CA No.71/2018, an application was filed by the OL to declare the Trade Mark Registration Certificate issued by the Registrar of Trade Marks, Mumbai, Delhi and Ahmedabad, in favour of Mr. Boman R. I
The court emphasized that registered trademarks may be deemed abandoned if not renewed or used for an extended duration, impacting their ownership in liquidation proceedings.
Trade marks that have not been used for over 15 years and not renewed are considered abandoned, leading to forfeiture of rights. The company in liquidation cannot claim ownership over such trademarks....
A statutory body retains no right to resume possession of leased land post-winding up without permission from the Company Court, despite lease cancellation being legally permissible.
The court emphasized that discretion under Section 466 of the Companies Act must consider public interest and prior judicial findings, not merely creditor consent.
The court established that under Section 124 of the Trade Marks Act, 1999, a civil suit must be stayed if a rectification application regarding trademark validity is pending.
The court confirmed its jurisdiction to transfer pending claims relating to a company in liquidation, reiterating the objectives of Section 446 of the Companies Act to streamline litigation and ensur....
No question of the NCLT sitting over the judgment and orders passed by previous bodies like BIFR, AAIFR or even learned Single Judge as was sought to be made out. On the contrary, we feel that the de....
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