ORDER:- These two Criminal Writ Petitions filed under Art. 227 of the Constitution of India and S.482 of the Code of Criminal Procedure, 1973 can be disposed of through a common judgment. The petitions are substantially between the same parties and the points of law and the facts that are involved are also common. The petitions raise issues of considerable importance and of farreaching consequence. I am, therefore, outlining the brief heads that fall for determination in these petitions which are as follows:-

A) What are the rights that have vested in the Custodian under the Textile undertakings (Taking Over of Management) Act, 1983 after takeover, arid whether the property of the Company, namely, the proprietorship of the existing Trade and Merchandise Marks Act, 1958 can in law be said to have been transmitted to the Custodian as a consequence of such take-over?

B) Whether the Custodian, after such takeover, can be categorised only as the permitted user, or whether the proprietorship of the trade-marks can be said to have been transmitted to the Custodian thereby extinguishing the rights of the company that earlier vested in it?

C) Whether, after such take-over, the registered owner

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