Zuko Engineers vs Ministry of Commerce and Indust.

Manmohan Sarin, J.—The petitioner by this writ petition seeks a writ of mandamus directing respondent No. 2 to accept the renewal fee of Rs. 11,900/- submitted by the petitioner for renewal of patent in the category of individual. The question raised is short one.

Petitioner has applied for renewal of patent. Petitioner happens to be sole proprietor of the concern M/s Zuko Engineers. The respondents required the petitioner to pay the fee, which was applicable to legal entities other than individuals either alone or jointly. Respondents took the stand that since the name of the patentee is Zuko Engineers, the fee has to be paid for legal entity other than individual. This stand is erroneous in as much as the name of a concern cannot be determinative or decisive of whether the concern is a proprietorship and is owned by individual or is a partnership firm. Learned Senior counsel Mr. Harish Chandra very fairly states that in view of the affidavit filed by the petitioner that he is the sole proprietor of the concern and, there being no other evidence to show that the concern is not a sole proprietorship, the fee chargeable should have been that for an individual. Let direction issue to respondents to charge the fee from the petitioner for renewal of a patent that is applicable to individual.

The writ petition stands disposed of in the above terms.