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stage. Section 37 empowers viva-voce evidence to of cross examination was raised, it was not pursued
be taken in addition to affidavit evidence only in case in earnest, rather it seems to have been used as a
the Controller thinks it right to do so. Therefore, ploy to defer the hearing. Further, a formal request
it is not within the domain of the Appellant to seek for cross-examination was not made. The Court
cross-examination. No case has also been made out held that the insistence of the Appellant to cross-
for cross-examination and a party seeking cross- examine is not bona fide. In spite of being granted
examination must file an application which in the time, the Appellant did not file written submissions.
instant case has not been done. On the date fixed for hearing the Appellants sought
an adjournment. The Court held the conduct of the
Having considered the submissions of both the Appellant in doubt and held that the Controller had
parties, the Court held that the prayer for cross- not violated the principles of natural justice.
examination is not genuine and the only object of the
Appellant is to delay the hearing of the cancellation The order can be accessed at:-
petition. The Court observed that though the issue https://indiankanoon.org/doc/164583411/
50 | Patents & Design
