QUALYST TRANSPORTER SOLUTIONS LLC vs The Assistant Controller Of Patents Designs

Judgment text excerpt

8-IA-1778-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1778 OF 2026 IN COMMERCIAL MISCELLANEOUS PETITION NO. 61 OF 2025 Qualyst Transporter Solutions LLC ...Applicant/Petitioner Versus The Assistant Controller of Patents & Designs ....Respondent ________ Mr. Rashmin Khandekar a/w. Mr. Murlidhar Khadilkar, Mr. Anand Mohan, Mr. Chinmay Page, Mr. Ashutosh Pawar i/b. Mr. Murlidhar Khadilkar for Applicant. Mr. Yashodeep Deshmukh a/w. Mr. Rutwik Rao, Vaidehi Pradeep i/b. Mrs. Minal Avinash Vaidya for Respondent. ________ CORAM : ARIF S. DOCTOR, J. RESERVED ON : 8th MAY 2026 PRONOUNCED ON : 15th JUNE 2026 JUDGMENT: 1. This Court had, vide an Order dated 15th October 2025, disposed of the captioned Miscellaneous Petition by passing the following order: “1. Mr. Deshmukh, learned counsel appearing on behalf of the Respondent has very fairly submitted that the impugned order is unsustainable since questions have been raised for the first time in the Page 1 of 26 Areeb 8-IA-1778-2026 impugned order to which the Petitioner did not have an opportunity to deal with. This, he accepts would amount to a violation of the principle of natural justice. 2. Hence, the order would have to be set aside and is accordingly set aside. The matter is remanded back for fresh hearing. Let such fresh hearing be concluded within a period of three months from a date of which a copy of this order uploaded, given the fact that sufficient time has already lapsed. 3. Let the matter be considered afresh before the independent controller. 4. In the event, it is not possible for any reason to conclude within three months an application for extension may be made by the plaintiff.” For convenience, the above order is referred to as “the Order of Reman