JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The present dispute pertains to registration in West Bengal for manufacture and sale of foreign liquor under the Brand Name “Mansion House” which the petitioner has allegedly been carrying on in India since April, 1983, openly and without any objection from any quarter.

2. The UTO Nederland B.V. (in short “the UTO”) allegedly ceded in writing its trademark rights for sale and manufacture of the said brand to the petitioner on February 23, 1987.

3. UTO, on the other hand, had applied for registration of the trademark on April 5, 1983, for sale in India, and got it subsequently.

4. UTO filed in the Bombay High Court a suit, bearing Suit No. 632 of 2009, against the petitioner for declaration and injunction pertaining to the rights of manufacture and sale regarding “Mansion House” in India. The petitioner, staking similar claims, filed a counter claim therein.

5. A learned Single Judge of the Bombay High Court, vide order dated December 22, 2011, dismissed a motion of UTO, inter-alia, holding that UTO had ceded/assigned the trademark to the petitioner. An appeal is pending against such order.

6. On a subsequent development, in August 2014, UTO trans