SSI exemption and brand name dispute remanded for fresh consideration after later trade mark developments

Eligibility for small scale industry exemption under Notification No. 1/93 depended on whether the appellant's use of another party's brand name or trade mark disqualified it from relief. The dispute also involved the effect of the other party's later withdrawal of its trade mark application and the appellant's asserted superior right over the brand name, but those developments arose after the impugned order and could not be finally assessed on the existing record. The matter was remitted to the adjudicating authority for fresh consideration of SSI exemption eligibility after giving the appellant an opportunity of hearing.

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Issues: Whether the appellant was entitled to small scale industry exemption under Notification No. 1/93 notwithstanding the allegation that it used another party's brand name or trade mark.

Analysis: The dispute turned on the effect of the other party's subsequent withdrawal of its trade mark application and the appellant's claimed superior right over the brand name. As these developments occurred after the impugned order, the question could not be finally determined on the existing record.

Outcome: The matter was remitted to the adjudicating authority for fresh consideration of the eligibility for SSI exemption after granting an opportunity of hearing to the appellant.

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