Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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yogesh (will tell you later)     30 October 2009

Written Arguments

Dear Respected experts,
I have posted the message earlier but there are ambiguities and different opinions are there which made me confused in taking the correct procedure
I reconcile the same
In previous hearing at the Hon'ble CAT, I made my plea to file the writeen arguments which was turned down by the Hon'ble Tribunal But some of the members advise me to go ahead in filing the same as if it get rejected It will be the good ground of AppealIn the light of the aforementioned facts what should I do whether I should file the Written Arguments or not?
Your opinion definately help me in giving right direction
Thanks in anticipation


 2 Replies

Swami Sadashiva Brahmendra Sar (Nil)     30 October 2009

it is natural that there would be diferent opinions when many experts are opining. mere refusal to accept a written argument can not be a ground for appeal. in  appeal the impugned judgment shall be tested on the merits .

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 October 2009

You have time and again repeated the same quarry. Has argument not taken place in your case? When it is going to take place? Submit wrritne argument, if rejected lead oral. No problem at all. Go ahead.

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