text stringlengths 5 5.67k |
|---|
Therefore,the factual scenario in the instant case leads to an inescapable conclusion that notwithstanding the expiry of the period fixed in the time charter party dated 6th May,1997,the said charter party did not get extinguished,inter alia,for the purpose of determination of the disputes arising thereunder and the ar... |
In view of the foregoing discussion,we do not find any infirmity in the view taken by the High Court that Charter Party dated 6th May,1997 had not come to an end by efflux of time and it got extended by the conduct of the parties,warranting interference RPC |
Having come to the conclusion that an arbitration agreement existed between the parties,the question which remains to be considered is whether the disputes between the parties should be referred to the same Arbitral Tribunal which had come to the conclusion that in the absence of any arbitration agreement it did not ha... |
We feel that it would be proper and expedient to constitute a fresh Arbitral Tribunal RPC |
Accordingly,we constitute an Arbitral Tribunal consisting of Justice M.Jagannadha Rao (Presiding Arbitrator),Justice D.P.Wadhwa and Justice S.N.Variava,former Judges of this Court to adjudicate upon the claim/counter claim by the parties,subject to their consent and such terms and conditions as they may deem fit and pr... |
It goes without saying that the learned Tribunal shall deal with the matter uninfluenced by any observations in this order on the respective stands of the parties RPC |
Resultantly,the appeal being devoid of any merit is liable to be dismissed,which we do,leaving the parties to bear their own costs Ratio |
The Registry is directed to communicate this order to the learned Members of the Arbitral Tribunal to enable them to enter upon the Reference and decide the matter as expeditiously as practicable RPC |
Appeal dismissed RPC |
Aggrieved by the decision of Customs,Excise and Gold Control Appellate Tribunal (CEGAT) dated 11.4.2000,the appellants (assessee) have come by way of civil appeals under Section 35L of the Central Excise Act,1944 FAC |
Appellants were engaged in the manufacture of biscuits classifiable under Sub-Heading 1905.11 of the Central Excise Tariff FAC |
The biscuits were sold under the brand name "Meghraj".Under show cause notices it was alleged that the appellants herein (assessee) have sold the biscuits under the brand name "Meghraj",which was a registered trade mark of Kay Aar Biscuits (P) Ltd.who was using the said trade mark on manufacture of biscuits themselves,... |
The above show cause notices were issued by the Department demanding differential duty for the period April 1994 to June 1994 amounting to Rs.3,74,948/-plus short paid duty for the period April 1995 to May 1995 amounting to Rs.92,992.The said demand was based on an agreement detected by the Department FAC |
That Agreement was between Madan Verma,Director of a company known as M/s FAC |
Kay Aar Biscuits (P Ratio |
Ltd.,Ghaziabad,and M/s FAC |
Rich Food Products (P) Ltd.,Noida FAC |
Under the said Agreement M/s FAC |
Kay Aar Biscuits (P) Ltd.was FAC |
Party No.1.Under the Agreement FAC |
it was declared that M/s FAC |
Kay Aar Biscuits (P) Ltd.was the owner of the registered trade mark "Meghraj".Under the Agreement FAC |
it was stated that M/s FAC |
Kay Aar Biscuits (P) Ltd.was using the aforestated trade mark "Meghraj" for the manufacture of biscuits FAC |
Under the Agreement there was a recital under which it was stated that M/s FAC |
Rich Food Products (P ARG |
Ltd.had put up a Unit for manufacture of wafers in Noida which it sought to manufacture under the brand name "Meghraj".Under FAC |
the said Agreement M/s FAC |
Kay Aar Biscuits (P) Ltd.gave permission to M/s FAC |
Rich Food Products Pvt FAC |
Ltd.to use its trade mark for the manufacture of wafers alone FAC |
The said agreement was valid for three years commencing from 22.11.1989 FAC |
At this stage,it may be noted that the appellants herein claim to have started manufacture of biscuits in 1991.The biscuits were sold in wrapper mentioning the name of the appellants,"M/s ARG |
Meghraj Biscuits Industries Ltd." or "Meghraj".The Appellants claimed that it has been using the wrapper since beginning and since 1991 the use of the trade name or brand name "Meghraj" has never been challenged ARG |
The Assistant Commissioner,Ghaziabad,examined the printed wrappers FAC |
He came to the conclusion vide his orders that the trade name "Meghraj" was in the form of a logo printed on the wrapper of the biscuits and,therefore,the appellants were not entitled to the benefit of Notification No.1/93-CE dated 28.2.93 as amended by Notification No.59/94 dated 1.3.94.Consequently,the Adjudicating A... |
Aggrieved by the decision of the Adjudicating Authority,the assessee preferred appeals to the Commissioner (A).The said appeals were rejected on the ground that the appellants were using the brand name "Meghraj" of another manufacturer M/s FAC |
Kay Aar Biscuits (P) Ltd.on their products (biscuits) and,therefore,they were not entitled to the benefit of exemption under Notification No.1/93-CE,as amended FAC |
It was held that the word "Meghraj" was printed on all the printed wrappers and,therefore,it was wrong to say that the appellants were not using the brand name "Meghraj" on its products FAC |
In this connection,reliance was placed by the Commissioner (A) on the said Agreement dated 22.11.89.Before the Commissioner (A) the appellants herein contended that they had used the name "M/s FAC |
Meghraj Biscuits Industries Ltd." on the wrapper and not on the product FAC |
and,therefore,they were entitled to exemption FAC |
This argument was rejected by the Commissioner (A) saying that the appellants were using the brand name "Meghraj" on their products FAC |
According to the Commissioner (A),the appellants used the trade name "Meghraj" in the form of a logo which was printed on the wrapper FAC |
Before the Commissioner (A),it was argued in the alternative that the logo belonged to M/s ARG |
Kay Aar Biscuits (P) Ltd Ratio |
that the same was registered SSI Unit; that M/s ARG |
Kay Aar Biscuits (P) Ltd.was lying closed since 1.3.93 and,therefore,the appellants have been using that logo of M/s ARG |
Kay Aar Biscuits (P) Ltd.who was eligible for exemption under Notification No.1/93-CE,as amended ARG |
This contention was rejected by the Commissioner (A) on the ground that under the Notification No.1/93-CE,as amended,exemption was not available to the specified goods bearing brand name or trade name (registered or not) of another person FAC |
Since,the appellants herein had used the trade name "Meghraj" on their products which trade name was owned by M/s FAC |
Ltd.the appellants were not entitled to the benefit of exemption under Notification No.1/93-CE,as amended FAC |
Accordingly,the Commissioner (A) dismissed the appeals FAC |
The orders of the Commissioner (A) have been confirmed by Order dated 11.4.2000 passed by CEGAT FAC |
Hence,these civil appeals FAC |
To complete the chronology of events,it may be pointed out that after the impugned decision of the Tribunal dated 11.4.2000,the appellants herein moved an Application for Rectification on 12.5.2000 (ROM No.72/2000).In that application it was urged on behalf of the appellants herein that the said brand name "Meghraj" di... |
Kay Aar Biscuits (P) Ltd.; that the Department has failed to discharge its burden to prove that the trade name "Meghraj" belonged to M/s FAC |
Kay Aar Biscuits (P) Ltd.; that a mere Agreement between M/s FAC |
Ltd.and M/s Ratio |
Rich Food Products (P) Ltd.would not be sufficient to prove that M/s FAC |
Kay Aar Biscuits (P) Ltd.was the lawful owner of the brand name FAC |
Meghraj".In the Rectification Application FAC |
it was further pointed out that in fact the appellants had applied for ownership of the brand name "Meghraj" vide application dated 30.9.91 to the Registrar,Trade Marks under the Trade Marks Act and that the said application for registration was pending before the competent authority and since the above arguments were ... |
By Order dated 8.12.2000,CEGAT rejected the above Rectification Application made by the Appellants FAC |
One more fact needs to be mentioned that on 30.6.2000 the Registrar of Trade Marks appears to have issued Registration Certificate on 30.6.2000 registering the trade mark "Meghraj" in favour of the appellants with effect form 30.9.91.It appears that issuance of this certificate was mentioned before the CEGAT which reje... |
Notification No.1/93-CE dated 28.2.93 was issued to help the SSI Units to survive in the market dominated by brand name/trade name Ratio |
The object of the Notification,therefore,was to help the SSI Units and thereby increased industrial production Ratio |
Under para '4' of the said Notification,the benefit of exemption was not available for excisable goods bearing brand name or trade name (registered or not) of another person Ratio |
Explanation IX defined the word "brand name" or "trade name".The same is quoted hereinbelow Ratio |
Explanation IX "Brand name" or "trade name" shall mean a brand name or trade name,whether registered or not,that is to say a name or a mark,such as symbol,monogram,label,signature or invented word or writing which is used in relation to such specified goods for the purpose of indicating,or so as to indicate a connectio... |
Notification No.1/93-CE dated 28.2.1993 was subsequently amended by Notification No.59/94 dated 1.3.94.Para '7' of Notification No.1/93-CE as amended read as under: "Para-7 The exemption contained in this Notification shall not apply to the specified goods where a manufacturer affixes the specified goods with a brand n... |
In the present case,as stated above M/s Ratio |
Kay Aar Biscuits (P) Ltd entered into an agreement on 22.11.89 with M/s Ratio |
Rich Food Products (P) Ltd Ratio |
Under that Agreement the Director of M/s Ratio |
Kay Aar Biscuits (P) Ltd.declared that his company was the owner of the registered trade mark "Meghraj".The name of that Director is Madan Verma Ratio |
He is the Director of the appellants (company) also Ratio |
Further there is no evidence to show as to whether M/s Ratio |
Kay Aar Biscuits (P) Ltd.was an "eligible manufacturer Ratio |
This aspect is important since one of the arguments advanced by the appellants herein before the Commissioner (A) was that the trade mark belonged to M/s ARG |
Ltd.,which was registered SSI Unit lying closed since 1.3.1993 ARG |
No explanation has been given as to why Madan Verma has not been examined by the appellants Ratio |
He has not been examined even on the question of alleged transfer of the trade mark in favour of the appellants Ratio |
In the circumstances,we do not find any merit in this appeal Ratio |
On behalf of the appellants it has been vehemently argued that M/s ARG |
Kay Aar Biscuits (P) Ltd.was never the registered owner of the trade mark "Meghraj".It was urged that merely because an Agreement stood entered into on 22.11.89 between M/s ARG |
Ltd.,the Department had erred in alleging that the trade mark belonged to M/s ARG |
It was urged that M/s ARG |
Ltd.had never got the trade mark registered under the Trade Marks Act ARG |
It was urged that a false declaration was made by M/s ARG |
Kay Aar Biscuits (P) Ltd.under the above Agreement on 22.11.89 ARG |
It was urged that a mere agreement between two parties cannot constitute ownership of the trade mark in favour of M/s ARG |
It was urged that in any event M/s ARG |
Kay Aar Biscuits (P) Ltd.had stopped its production in 1993; that the company had become defunct; that the appellants herein had applied to the Registrar of Trade Marks for registration of the mark "Meghraj" and vide registration certificate dated 30.6.2000 the Registrar has recognized the appellants as owner of the tr... |
We do not find any merit in the above arguments PRE |
In the case of Pahwa Chemicals Pvt PRE |
Ltd.v PRE |
Commissioner of Central Excise,Delhi 2005 (189 PRE |
ELT 257 2005 Indlaw SC 799(SC PRE |
this Court has held that the object of the exemption Notification was neither to protect the owners of the trade mark nor the consumers from being misled PRE |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.