JUDGMENT :

G.S. Kulkarni, J.

1. Rule. Returnable forthwith. Respondents waive service. By consent of the parties, heard finally.

2. This petition under Article 226 of the Constitution of India espouses a cause of action against the Registrar of Trade Marks-respondent no.1, in regard to non-renewal of three trademarks of the petitioner, which according to the petitioner inadvertently could not be renewed and which have continued to remain on the Register of Trade Marks.

3. The relevant facts need to be noted: It is petitioner’s case that it had registered the trade mark “MOTWANE” (for short “the said mark”) under Nos. 312470, 312472 and 312473, which according to the petitioner was renewed by the petitioner upto 17 February, 1983. The said marks are stated to have been in continuous use by the petitioner in its business since 1976.

4. The petitioner contends that post 17 February 1983, the registration of these marks remained to be renewed. However, the marks continued to be reflected as the petitioner’s registered marks in the trade mark register, as seen on the official website of the Registrar of Trade Marks.

5. It is contended that sometime in August 2023, the petitioner conducted a r