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Bombay High Court

FDC LIMITED AND ANRversusDEPUTY CONTROLLER OF PATENTS AND DESIGNS AND ANR

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn upon the petitioner's request.

Summary

The petitioners, FDC Limited and another, filed a Commercial Miscellaneous Petition before the Bombay High Court. During the proceedings, they sent an email indicating that they had discontinued the project underlying the patent application and no longer wished to pursue the case. The petitioners then applied to the Court for leave to withdraw the petition. The Court examined the email and found it to be a clear indication of the petitioners' intention to abandon the proceedings. Accordingly, the Court dismissed the petition as withdrawn and disposed of all interlocutory applications.

Issues considered

  • Whether a petition can be withdrawn at the petitioner's request after filing, based on an email communication indicating abandonment of the underlying project.

Subjects

  • withdrawal of petition
  • commercial miscellaneous petition
  • procedural law
  • patent application

Judgment

                                              1/2              53-COMMP-952-2022 (OS).DOC




                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION


            COMMERCIAL MISCELLANEOUS PETITION NO. 952 OF 2022
FDC Limited And Anr.                                                   ...Petitioners
          Versus
Deputy Controller Of Patents And Designs And Anr.                      ...Respondents
                                            WITH
                       INTERIM APPLICATION NO.2339 OF 2022
                                            WITH
                       INTERIM APPLICATION NO.2340 OF 2022
                                              IN
            COMMERCIAL MISCELLANEOUS PETITION NO. 952 OF 2022
                                          _______
Mr. Shon Gadgil a/w Mr. Nishank Barolia, Mr. Abhijeet Deshmukh i/b Khurana
& Khurana, for the Petitioners.
Mr. Ram Apte, Sr. Advocate a/w Mr. Mayuresh Lagu and Mr. Sagar Patil, for
Respondents.
                                          _______


                                               CORAM           :      ARIF S. DOCTOR, J.

                                               DATE            :      13th JANUARY, 2026

P.C.
1.        Learned counsel for the Petitioners tenders a copy of an email

communication received, which reads thus:

       "Dear Nishank

       Thank you for your email, Please note that we have discontinued the project under
       the said patent application and, accordingly, we do not wish to proceed further with
       the case. Please take necessary action if any require to withdraw the matter.

       Thank you for your assistance throughout the process.
       Wishing you and entire Khurana and Khurana team a Happy and Prosperous New
       Year!!!



Vaibhav
                                            2/2           53-COMMP-952-2022 (OS).DOC




      Regards.
      Smita Prajapati"

2.        The email records that the Petitioners do not wish to proceed with the

captioned Petition. Thus, he seeks leave to withdraw.

3.        The Commercial Miscellaneous Petition is dismissed as withdrawn.

4.        All interlocutory applications are also disposed of.




                                                                 [ARIF S. DOCTOR, J.]




Vaibhav


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