Delhi High Court - Orders
Aska Equipments Private Limited vs Ramanlal Kishandas Kothari & Ors on 20 March, 2023
Author: Manmohan
Bench: Manmohan
$~S-12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 64/2023, CAV 132/2023 & CM APPLs.12459-
12462/2023
ASKA EQUIPMENTS PRIVATE LIMITED ..... Appellant
Through: Mr.Chander M.Lall, Sr.Advocate with
Mr.Vikas Khera, Mr.Ved Prakash,
Ms.Sonakshi Ahluwalia and
Ms.Ananya Chug, Advocates.
versus
RAMANLAL KISHANDAS KOTHARI & ORS. ..... Respondents
Through: Mr.Sandeep Sharma, Advocate with
Mr.Aman Dhyani, Ms.Kanchan
Semwal, Mr.Kunal Arora,
Mr.Animesh Rastogi, Ms.Neha
Rastogi and Ms.Sandhya Maniyar,
Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 20.03.2023 Learned senior counsel for the appellant wishes to withdraw the present appeal and applications with liberty to avail alternative efficacious remedy of filing an application under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 along with a counter-claim seeking revocation of the patent and written statement before the Trial Court.
He states that in such a case the suit along with the counter-claim as per Section 104 of the Patents Act, 1970, shall be transferred to the High Court for decision. He also states that in view of the urgency involved, the Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:21.03.2023 18:38:49 appellant shall file a petition under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of the suit to the Original Side of this Court.
This Court has no doubt that if such a course of action is adopted by the appellant, the learned Single Judge of this Court shall try to hear and decide the interim applications under Order XXXIX Rule(s) 1 & 2 CPC already filed by the respondent and the Order XXXIX Rule 4 CPC already filed by the appellant as expeditiously as possible. This Court clarifies that it has not commented on the merits of the controversy. The rights and contentions of all the parties are left open.
With the aforesaid liberty, the present appeal and applications stand disposed of.
MANMOHAN, J SAURABH BANERJEE, J MARCH 20, 2023 TS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:21.03.2023 18:38:49