Documents secured through RTI can be used during appeal: HC
( reproduced from Hindustan Times, Mumbai Edition of 04-12-2010, at page no. 06 )
In a significant ruling, the Bombay HC said that additional documents obtained, by a contesting party, under the Right to Information (RTI) Act can be used during an appeal, even though they were not used at earlier stage.
A division bench of justices BH Marlapalle and UD Salvi recently asked the Intellectual Property Appellate Board (IPAB) to consider the additional documents sought to be tendered by Sudhir BhatiaTrading as VBhatia International.
VBhatia International is engaged in a legal dispute with Midas Hygiene Industries P Ltd, over the use of trade name “laxman rekha” for marketing chalk sticks used to get rid of cockroaches & lizards. Bhatia International had approached the Intellectual Property Board challenging registration of “laxman rekha” by Midas International as its trademark. The board ruled against Bhatia International, which the company challenged before he IPAB. While its appeal was pending, Bhatia International acquired several documents from govt depts through RTI and requested the IPAB to use these additional documents.
The IPAB refused to consider additional documents. Bhatia challenged this decision before the HC. Their counsel, argued that the company did not have the documents when the appeal was filed. Bhatia International alleged that the documents obtained through the RTI revealed that Midas had concealed particulars and manipulated records. Counsel for Midas, opposed the fresh documents at the appellate stage, saying that they (documents) were irrelevant.
