By a recent interim order of a Division Bench of the High Court of Delhi, comprising Justice Najmi Waziri and Justice Vikas Mahajan, the GST Council was impleaded for ascertaining the time required for approval of altered packaging material of the products of S. Schweisstechnik India Ltd. (SSIL), formerly Superon Schweisstechnik India Ltd.
Following the terms of the Deed of Family Settlement, the appellant-Sharad Mehra agreed and has undertaken to discontinue using the word ‘Superon’, either as a manufacturer or in any manner on the packaging and/or such material which can be used towards marketing of the product in India as he has a right to use the word ‘Superon’ only for international business but cannot use it in any manner for the domestic business. In effect, the parties i.e., Sanjay Mehra and Sharad Mehra have exclusivity to the word ‘Superon’ for domestic business and international business respectively.
According to the respondent, Sanjay Mehra, the use of the term ‘Superon’ negatively impacts his exclusive interests and agreed right over the said term apropos the domestic market. The appellant, however, submitted that he reserves his right to make submissions in regard to the said sale deed.
As a way forward, Sharad Mehra agreed and undertook to use the term SSIL or Schweisstechnik India Ltd. as the manufacturer of his product in the domestic market, and shall not use the trademark/trade name ‘Superon’ on his packaging and marketing material. His trademark/trade name is ‘StarBlaze’ for the domestic market to which respondent- Sanjay Mehra has no objection.
The appellant submitted that about eight weeks would be required for seeking approval from the metrology authorities (Ministry of Consumer Affairs) regarding the altered packaging material by Sharad Mehra. Similar time is also sought for necessary approvals by the GST Authorities. The respondent-Sanjay Mehra submits that this is too long a time and is likely to further impinge upon his interests by the continuous use of the trademark/trade name ‘Superon’ by the appellant. The Ministry of Consumer Affairs and GST Council are impleaded accordingly.
In order to ascertain how much time would normally be required for processing of appropriate applications by the Ministry of Consumer Affairs, as well the GST Council, the Central Government Standing Counsel for Union Of India, Kirtiman Singh was directed to accept the notice issued and to seek directions in this regard. The matter is renotified to be heard on 20-10-2022.
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