Deadline to file rejoinder to reply under Intellectual Property Rights Division Rules not mandatory: Delhi High Court
The Delhi High Court passed a judgement on 16th February, 2023. This was seen in the case of Vinay Kumar GB v. Sudhir Kumar and anr. 2023/DHC/001168 and the case was presided over by Hon’ble Justice C Hari Shankar
FACTS OF THE CASE:
In this petition Mr. Jayant Kumar, learned Counsel for the respondent submitted that the rejoinders filed by the petitioner in these petitions had been filed beyond the time stipulated in Rule 7(x) of the Intellectual Appellate.and the question was arise that deadline to file a rejoinder to a reply under Rule 7(x) the Delhi High Court Intellectual Property Rights Division Rules, 2022 (IPD Rules) is mandatory or not .
ORDER
The Delhi High Court recently clarified that the deadline to file a rejoinder to a reply under Rule 7(x) of the Delhi High Court Intellectual Property Rights Division Rules, 2022 (IPD Rules) is not mandatory.
Rule 7(x) of the IPD Rules lays down that the rejoinder to a reply filed by the respondent in an original petition is to be filed within the period prescribed by the Court or within 30 days from the date on which the Court directs the filing of such rejoinder.
Justice C Hari Shankar observed that the said Rule does not lay down any consequence that would follow if such a deadline is not adhered to. As such, he concluded that this deadline was a only directory provision.
“Resultantly, it cannot be said that, if the rejoinder is not filed within the period of 30 days envisaged in the said Rule, the rejoinder would liable to be struck off the record, where the Court is satisfied that the rejoinder was not filed within the said period for valid reasons”, the Court explained.
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Order reviewed by Drishti verma