JUDGMENT

% 16.10.2023 The Issue in Controversy

1. This judgment addresses the issue of whether writ petitions, challenging orders passed by the Intellectual Property Appellate Board (IPAB), filed before abolition of the IPAB on 4 April 2021, would have to be heard by a Single Bench or by a Division Bench of this Court.

2. By order dated 28 June 2013, the learned Intellectual Property Appellate Board (the IPAB) has allowed rectification petitions filed by the second respondent, challenging the registration of the mark “AYUR” in favour of the petitioner. Aggrieved thereby, the petitioner has preferred the present writ petitions under Article 226 and 227 of the Constitution of India.

3. A serious preliminary objection has been advanced by the respondents, to the effect that these petitions have necessarily to be listed before a Division Bench of this Court and cannot be heard by a Single Judge.

4. The petitioners submit, per contra, that these writ petitions have necessarily to be heard by a Single Judge and cannot, per statute, be Signature Not Verified W.P.(C)-IPD 61/2021 & contd. matters Page 6 of 48 Digitally Signed initially listed before a Division Bench.

5. Mr. Sibal and Mr. Sushant