w w w . L a w y e r S e r v i c e s . i n



M/s. Sunstar Overseas Limited v/s Madan Lal


Company & Directors' Information:- R P G OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035238

Company & Directors' Information:- SUNSTAR OVERSEAS LIMITED [Active] CIN = U74899DL1995PLC064140

Company & Directors' Information:- M K OVERSEAS PRIVATE LIMITED [Active] CIN = U25209DL1987PTC029976

Company & Directors' Information:- P K OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059051

Company & Directors' Information:- U & M OVERSEAS PRIVATE LIMITED [Active] CIN = U25200DL2007PTC165258

Company & Directors' Information:- B R K OVERSEAS PRIVATE LIMITED [Active] CIN = U51311DL2002PTC117390

Company & Directors' Information:- A V I OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059014

Company & Directors' Information:- J C OVERSEAS LIMITED [Active] CIN = U65993WB1999PLC090116

Company & Directors' Information:- J S OVERSEAS PVT LTD [Active] CIN = U74899DL1994PTC058039

Company & Directors' Information:- H A OVERSEAS PRIVATE LIMITED [Active] CIN = U55101CH1999PTC032886

Company & Directors' Information:- B. R. OVERSEAS LIMITED [Active] CIN = U24111MP1973PLC001244

Company & Directors' Information:- MADAN & COMPANY LIMITED [Active] CIN = U65993TN1981PLC008556

Company & Directors' Information:- A T OVERSEAS LTD [Active] CIN = U17115PB1995PLC015815

Company & Directors' Information:- A L OVERSEAS PRIVATE LIMITED [Active] CIN = U15300DL2013PTC250975

Company & Directors' Information:- D R OVERSEAS PRIVATE LIMITED [Active] CIN = U15122DL2013PTC253214

Company & Directors' Information:- M R OVERSEAS PRIVATE LIMITED [Active] CIN = U01111DL1998PTC092787

Company & Directors' Information:- B C C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058775

Company & Directors' Information:- R B OVERSEAS PVT LTD [Active] CIN = U24200MH1982PTC028320

Company & Directors' Information:- S L OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1999PTC099800

Company & Directors' Information:- B L OVERSEAS PRIVATE LIMITED [Active] CIN = U51109DL2008PTC177039

Company & Directors' Information:- G D R OVERSEAS LIMITED [Strike Off] CIN = U51909TN1994PLC028831

Company & Directors' Information:- S. B. OVERSEAS PVT LTD [Active] CIN = U27101WB1994PTC065565

Company & Directors' Information:- G B OVERSEAS PRIVATE LIMITED [Active] CIN = U51109WB2007PTC116567

Company & Directors' Information:- G B OVERSEAS PRIVATE LIMITED [Active] CIN = U74110DL2007PTC317094

Company & Directors' Information:- AT OVERSEAS INDIA PRIVATE LIMITED [Active] CIN = U74900DL2015PTC276303

Company & Directors' Information:- M D OVERSEAS LIMITED [Active] CIN = U52110DL1980PLC011099

Company & Directors' Information:- R C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045610

Company & Directors' Information:- S. R. O. OVERSEAS PRIVATE LIMITED [Active] CIN = U51101DL2014PTC268846

Company & Directors' Information:- K P OVERSEAS LIMITED [Active] CIN = U51311DL2004PLC125574

Company & Directors' Information:- M I OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC026966

Company & Directors' Information:- R F OVERSEAS PRIVATE LIMITED [Active] CIN = U51909PB1997PTC019643

Company & Directors' Information:- M R K OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018631

Company & Directors' Information:- L & W OVERSEAS PRIVATE LIMITED [Active] CIN = U17221PB2013PTC037343

Company & Directors' Information:- C D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC085553

Company & Directors' Information:- J D OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC038866

Company & Directors' Information:- A A P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909KA2007PTC042105

Company & Directors' Information:- K G OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054832

Company & Directors' Information:- OVERSEAS CORPN. PVT LTD [Active] CIN = U67120WB1947PTC014910

Company & Directors' Information:- G R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC050950

Company & Directors' Information:- A M D OVERSEAS PRIVATE LIMITED. [Active] CIN = U52110DL1980PTC010622

Company & Directors' Information:- M S D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC069001

Company & Directors' Information:- R K G OVERSEAS PRIVATE LIMITED [Active] CIN = U51229DL1997PTC086734

Company & Directors' Information:- N D OVERSEAS PRIVATE LTD [Converted to LLP] CIN = U51900MH1994PTC076787

Company & Directors' Information:- N W OVERSEAS PRIVATE LIMITED [Active] CIN = U51507HR1999PTC034265

Company & Directors' Information:- R. G. OVERSEAS LIMITED [Strike Off] CIN = U27104TN1981PLC008963

Company & Directors' Information:- P M OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL1991PTC045126

Company & Directors' Information:- J M B OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB1997PTC085224

Company & Directors' Information:- S C J OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052913

Company & Directors' Information:- M C S OVERSEAS PVT LTD. [Strike Off] CIN = U51909WB1994PTC063666

Company & Directors' Information:- B. J. OVERSEAS PVT. LTD. [Strike Off] CIN = U24134WB1994PTC063846

Company & Directors' Information:- A H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51109UP1977PTC004421

Company & Directors' Information:- R M OVERSEAS LTD [Active] CIN = U51909PB1992PLC011971

Company & Directors' Information:- L O P OVERSEAS PRIVATE LIMITED [Active] CIN = U51109UP2001PTC026011

Company & Directors' Information:- R R OVERSEAS LTD [Active] CIN = U51909DL1993PLC054909

Company & Directors' Information:- U D OVERSEAS PRIVATE LIMITED. [Strike Off] CIN = U74999DL2000PTC105257

Company & Directors' Information:- S A OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2001PTC112769

Company & Directors' Information:- A H R OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2000PTC103069

Company & Directors' Information:- H S OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2008PTC182147

Company & Directors' Information:- S G OVERSEAS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC105649

Company & Directors' Information:- R AND R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL1987PTC030154

Company & Directors' Information:- D & D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51420OR2009PTC010779

Company & Directors' Information:- A TO Z OVERSEAS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031342

Company & Directors' Information:- J P OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059744

Company & Directors' Information:- R Q OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909MH2012PTC230840

Company & Directors' Information:- J M OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB2008PTC128957

Company & Directors' Information:- D N OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U24119DL1999PTC102409

Company & Directors' Information:- A-3 OVERSEAS PRIVATE LIMITED [Active] CIN = U36900HR2016PTC063750

Company & Directors' Information:- D M OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC072532

Company & Directors' Information:- B R V K OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014130

Company & Directors' Information:- OVERSEAS (INDIA) LTD [Strike Off] CIN = U51909WB1945PLC012624

Company & Directors' Information:- B N OVERSEAS PVT LTD [Strike Off] CIN = U74899DL1991PTC042764

Company & Directors' Information:- S N R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U00063KA1996PTC019873

Company & Directors' Information:- P B M OVERSEAS PVT LTD [Strike Off] CIN = U51311RJ1996PTC011483

Company & Directors' Information:- M H OVERSEAS LIMITED [Strike Off] CIN = U36911UP2000PLC025118

Company & Directors' Information:- V. R. OVERSEAS PRIVATE LIMITED [Active] CIN = U51109WB2006PTC107676

Company & Directors' Information:- I E S (OVERSEAS) PVT LTD [Active] CIN = U31200WB1974PTC029343

Company & Directors' Information:- T MADAN & CO PVT LTD [Active] CIN = U51909WB1950PTC018749

Company & Directors' Information:- V B OVERSEAS PRIVATE LIMITED [Active] CIN = U28995DL1996PTC077049

Company & Directors' Information:- J N OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060359

Company & Directors' Information:- V C OVERSEAS PRIVATE LIMITED [Active] CIN = U51900DL2007PTC166741

Company & Directors' Information:- T M K OVERSEAS LIMITED [Strike Off] CIN = U51223KL1992PLC006416

Company & Directors' Information:- V E OVERSEAS PVT LTD [Strike Off] CIN = U31909DL1981PTC011849

Company & Directors' Information:- S R D OVERSEAS PRIVATE LIMITED [Active] CIN = U52209DL2008PTC178806

Company & Directors' Information:- C M D OVERSEAS PVT LTD [Active] CIN = U74899DL1995PTC073068

Company & Directors' Information:- M B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061016

Company & Directors' Information:- B G OVERSEAS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1990PTC038859

Company & Directors' Information:- M N OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB2004PTC099257

Company & Directors' Information:- R L K OVERSEAS PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1991PTC043115

Company & Directors' Information:- J S R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52399DL2009PTC190839

Company & Directors' Information:- LAL OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL1987PTC027954

Company & Directors' Information:- K D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL1982PTC013342

Company & Directors' Information:- S S B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74120WB1997PTC086041

Company & Directors' Information:- C J OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC045545

Company & Directors' Information:- A AND P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74999DL1992PTC048780

Company & Directors' Information:- V & D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL2009PTC186537

Company & Directors' Information:- P G OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74999DL1982PTC013479

Company & Directors' Information:- S N OVERSEAS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC150004

Company & Directors' Information:- D. T. OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U36911UP1996PTC020289

Company & Directors' Information:- A R C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036343

Company & Directors' Information:- T D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52590DL2013PTC257410

Company & Directors' Information:- V K OVERSEAS PVT LTD [Strike Off] CIN = U18209CH1990PTC010214

Company & Directors' Information:- J B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U17220DL1983PTC016197

Company & Directors' Information:- K H OVERSEAS PVT LTD [Strike Off] CIN = U51496CH1989PTC009704

Company & Directors' Information:- A. A. OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909PB2008PTC032010

Company & Directors' Information:- Z H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909MH2005PTC155819

Company & Directors' Information:- E B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101DL2007PTC157263

Company & Directors' Information:- A P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101DL2014PTC271288

Company & Directors' Information:- S H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL2002PTC116516

Company & Directors' Information:- S D S OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC249539

Company & Directors' Information:- L T OVERSEAS PRIVATE LIMITED [Active] CIN = U15122DL2014PTC272665

Company & Directors' Information:- R P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC108954

Company & Directors' Information:- S V OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52100DL2013PTC258278

Company & Directors' Information:- T & Y OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51505HR2012PTC047468

Company & Directors' Information:- G R D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U80301HR2012PTC046968

Company & Directors' Information:- T & T OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51900GJ2015PTC083022

Company & Directors' Information:- S K P OVERSEAS PRIVATE LIMITED [Active] CIN = U51909GJ2013PTC076553

Company & Directors' Information:- P R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U27310GJ2014PTC079227

Company & Directors' Information:- G T C OVERSEAS PVT LTD [Strike Off] CIN = U18101PB1993PTC013743

Company & Directors' Information:- D AND P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18109DL1989PTC038623

Company & Directors' Information:- B G S OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101PB2007PTC031400

Company & Directors' Information:- I P S OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U63030DL1976PTC008356

Company & Directors' Information:- INDIA AND OVERSEAS CORPORATION LIMITED [Dissolved] CIN = U99999MH1947PTC005626

    ORA/309/2013/TM/DEL

    Decided On, 26 April 2018

    At, Intellectual Property Appellate Board

    By, THE HONOURABLE MR. JUSTICE MANMOHAN SINGH CHAIRMAN & THE HONOURABLE MR. SANJEEV KUMAR CHASWAL
    By, TECHNICAL MEMBER (TRADE MARKS)

    For the Applicant: Amarjit Singh, Advocate. For the Respondent: None.



Judgment Text

Sanjeev Kumar Chaswal, Technical Memeber

The present Rectification Petition has been filed by the applicant for cancellation/removal of registered trade mark No. 1155201 in class 30 registered in the name of the respondents as of 03.12.2002. The trade mark, subject matter of registration No. 1155201 in class 30 is a label mark consisting of the word HELLO as an essential feature thereof in respect of Tea, Rice, Maida and Besan. The registration certificate was issued on 18.02.2005.

2. The applicant has filed the petition under the provisions of section 47 and section 57 of the Trade Marks Act 1999 for seeking relief of the rectification of the register.

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3. The brief facts are that

a. The applicant is a company incorporated under the provisions of the Companies Act. The applicant Company is the successor and assign in business and title of the partnership firm M/s. Star Overseas which also carried on the same business for the process, manufacture and sale of varieties of goods falling class 29 and 30

b. The company is engaged in the business of processing, export and sale of different varieties of goods falling class 29 and 30 including rice, pulses, spices and other articles of human consumption.

c. That the applicant predecessor partnership firm M/s. Star Overseas and it was later incorporated on 31.01.1995 under the provisions of the Companies Act by the aforesaid partners of the firm. M/s. Star Overseas along with other family members with the primary object to conduct the business of inter alia process, manufacture and sale of all types and varieties of goods falling class 29 and 30 including rice, pulses, spices and other articles of human consumption.

d. By an agreement dated 01.02.1995, the business of the partnership firm M/s. Star Overseas was taken over by the applicant company along with its assets, liabilities, goodwill, trade mark tenancy rights, letters of credit, export supply orders, export benefits RBI Code, Importer - Exporter Code etc.

e. The applicant trade mark "HELLO" was originally conceived, adopted and used prior in point of time in the course of trade by the applicant predecessor in title and interest since the year 1988.

f. The said Trade Mark "HELLO" was continued to be used by the applicant company in respect of process, manufacture and sale of variety of goods falling class 29 and 30 including rice, pulses, spices since 1995 after having taken over the entire business of the said partnership firm along with its assets, liabilities, goodwill etc.

4. It is stated by the applicant that the Trade Mark "HELLO", has extensively and continuously been used in the course of trade since the year 1988 by its predecessor, so much so that the purchasing public and the members of the trade have come about to exclusively identify and recognize the goods i.e. of variety of goods falling in class 29 and 30 including rice, pulses, spices bearing the Trade mark "HELLO" as the quality product originating from the source of the applicant and none else. The trade mark "HELLO" has acquired enviable reputation in the minds of the purchasing public and the members of the trade to distinguish its products from those of its competitors.

5. It is claimed by the applicant that it has extensive sales of its goods under the trade mark "HELLO" during the past years and has also spent considerable amount on the publicity and sales promotion thereof during the past years and by virtue of priority in adoption and use, the applicant has acquired and retained an exclusive right to the use of the Trade Mark "HELLO" in respect of the goods of its process, export.

6. On 03.12.2002 when the application for registration of the impugned trade mark, "HELLO" which is similar to the trade mark of the applicant and in respect of the same description of goods, was filed with a claim of user of w.e.f. 01.04.1995.

7. It is a matter of fact that the prior application for registration of identical trade mark No. 541857 dated 14.12.1990 of the applicant was already pending for consideration. The trade mark No. 541857 was registered on 15.05.1997.

8. The present petition was filed by applicant on 16.08.2013 under section 47 also seeking cancellation of registration of the impugned trade mark of the respondent on the ground that a continuous period of 5 years and 3 months prior to the institution of the petition had passed during which the respondent being the registered proprietor Order did not make any bonafide use of the registered trade mark No. 1155201 in class 30.

9. It is submitted by the applicant that the registered proprietor had obtained registration of the trademark 'HELLO' in respect of Class 30 merely block the mark on the Trade Marks Register. It is evident that such act involves bad faith of the registered proprietor. That the registration of the impugned trademark application No. registered trade mark 'HELLO' No. 1155201 in class 30 has been granted in contravention of the provisions of Section 9 of the Act.

10. The matter was fixed for hearing on 25/11/2016 before the Deputy Registrar IPAB at Delhi. The respondent was notified about the said hearing by letter dated 24.10.2016. The respondent did not appear before the Deputy Registrar IPAB on 25.11.2016. The final hearing in the petition was fixed before the Board on 08.02.2018 and parties were notified about the said date of hearing vide notice dated 15.01.2018. The respondent was duly served with the notice dated 15.01.2018.

11. On 08.02.2018, when the matter was called for hearing, the applicant appeared through its counsel. The respondent did not appear and was not represented by any counsel at the time of hearing. The learned counsel for the applicant brought that the respondent be proceeded ex-parte and the matter be heard and decided on merit in accordance with the provisions of Law. The Hon'ble Board heard arguments and reserved the order.

12. It is apparent that despite of having been given an opportunity to file the counter statement and evidences chose to remain silent in the absence of any counter statement and/or denial of any of the material averments made in the petition.

13. The respondent has also not established any bonafide use of the impugned trade mark during the period of 5 years and 3 months prior to the institution of Rectification Petition.

14. In view of averment made and material on record on that the trade mark 'HELLO' (word and label) in respect of Rice was in use on the part of the applicant prior to the date of filing of the application for registration of the impugned trade mark. The respondent was thus not the proprietor of the trade mark 'HELLO' (word and label) on the date of the filing of the application for registration of the impugned mark with the meaning of section 18 of the Act.

15. As per record maintain by the respondent no.2, the application for registration of trade mark No. 541857 dated 14.12.1990 was an earlier mark/application in respect of identical mark and similar description of goods in the name of petitioner. The registration of the impugned mark was thus prohibited under section 11 of the Act.

16. The another case referred by the applicant in the matter ofM/s. Satnam Overseas v. Sant Ram & Ca, (2014) 14 SCC 782 : (2015) 1 SCC (Civ) 412 : 2013 SCC OnLine SC 1028 at page 787wherein the 8. Section 46(1)(b) provides that up to a date one month before the date of the application, a continuous period of five years or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to the goods for which it was registered by the proprietor for the registered trade mark. The onus to prove non-use rests upon the applicant who has filed the application for rectification. Of course, it is sufficient that the applicant who has filed the application for rectification to give prima facie evidence for non-use of the mark during the relevant period of five years from the date of one month before the date of the application for rectification. Once it is prima facie shown, then the onus shifts to the registered proprietor to prove the use of the trade mark during the relevant period.)"

17. After going through the documents submitted by the applicant, in our considerable opinion there has been no bonafide use of the trademark 'HELLO' No. 1155201 in class 30 under the impugned registration relation to the said goods for which the mark is registered up to date three months before the date of the application and thus the impugned registration is contrary to the provisions of Section 47(1)(a). The registration of the impugned trademark 'HELLO' No. 1155201 in class 30 remains on the register without sufficient cause thus the existence of the impugned entry in the Register of Trademarks affects the purity of the Register of Trademarks.

18. The applicant counsel has referred the citations to buttress his pleadings and arguments in the matter ofM/s. Shell Transource Limited v. Shell International Petroleum Company Ltd., 2012 SCC IPAB 29: [2012]Hon'ble Intellectual Property Appellate Board 25Para 14. We have considered the rival submissions and the materials before us. There is no disagreement with the position that he who pleads nonuser must prove it. But when the applicant has pleaded nonuser, the respondent must specifically deny it stating the facts on which he denies non-user. In the absence of specific denial we can only holdthat the allegations stands admitted.

19. Thus, the registration of the impugned trademark 'HELLO' No. 1155201 in class 30 remains on the register without sufficient cause and its continuance of the trademark application 'HELLO' under No. 1155201 in class 30 in the Register of Trademarks is an obstruction to the continuance of the applicant's business, thus the existence of the impugned entry in the Register of Trademarks affects the purity of the R

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egister of Trademarks. Therefore the entry relating to the impugned trademark was wrongly made and wrongly remains on the Register of Trademarks. 20. We are of the considered opinion that the respondent, despite having been given an opportunity to file the counter statement and evidences chose to remain silent in the absence of any counter statement and/or denial of any of the material averments made in the petition. 21. Thus the impugned registration of trademark application No. 'HELLO' No. 1155201 in class 30 is contrary to the provisions of Section 47(1)(a). The registration of the impugned trademark application No. 'HELLO' No. 1155201 in class 30 remains on the register without sufficient cause thus the existence of the impugned entry in the Register of Trademarks affects the purity of the Register of Trademarks. 22. The prayer is allowed, we direct respondent no. 2 to remove trademark application No. 'HELLO' No. 1155201 in class 30 within 30 days of the receipt of this order accordingly. Copy of order be sent to the respondent no. 2. 23. No cost.
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