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Delhi High Court: Writ Petitions Moved Against Orders Passed By IPAB Must Be Decided By Single Judge

The Business Guardian

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October 18, 2023

The Delhi High Court in the case Ayur United Care LLP v. Union Of India And Anr. and other connected matters observed and has ruled wherein the writ plea is moved challenging the orders passed by the Intellectual Property Appellate Board, IIPAB before its abolition in 2021 would have to be heard and decided by a single judge and not a division bench.

Delhi High Court: Writ Petitions Moved Against Orders Passed By IPAB Must Be Decided By Single Judge

The bench headed by Justice C Hari Shankar in the case observed and has stated that the Rule 4 read with Rule 2(i) and 2(1) of the Intellectual Property Division (IPD) Rules, 2021, requires the writ petitions challenging orders passed by the IPAB to be decided by single judges and that there being no such provision in the said Rules requiring such writ petitions to be dealt with by Division Benches.

The court in the case stated that if the Delhi High Court Rules were to apply, then they too would require such writ petitions to be heard by a Single Judge.

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