Rajasthan High Court - Jaipur
Sanskriti School vs India International Technical ... on 14 December, 2021
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.14500/2021
Sanskriti School, through its Authorized Representative G.S.
Mungali S/o Late Shri B.C. Mungali, Gate No.1164, Village
Lavale, P.O. Mulshi District Pune-411042, Maharashtra.
----Petitioner
Versus
India International Technical Institute, through its alleged
Secretary, Shri Gopal Krishan Agrawal, H-46, Tagore Path,
Banipark, Jaipur, Rajasthan.
----Respondent
For Petitioner(s) : Mr.Angad Mirdha, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 14/12/2021 Learned counsel for the petitioner submitted that respondent-plaintiff had filed a suit for permanent injunction against the present petitioner whereby, the plaintiff pleaded that trade mark 'Sanskriti' was registered trade mark under the Trade Marks Act, 1999 (hereafter 'the Act of 1999') bearing Registration No.1261555.
Learned counsel submitted that during pendency of the suit, the Deputy Registrar of Trade Marks passed an order on 10.12.2019, whereby, the trade mark granted to the respondent- plaintiff was cancelled.
Learned counsel submitted that the status of the respondent-plaintiff's trade mark was also removed from the site of Govt. of India.
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(2 of 2) [CW-14500/2021] Learned counsel submitted that on such developments, the petitioner filed an application under Section 151 CPC before the Additional District Judge No.13, Jaipur City, Jaipur and requested that the suit filed by the plaintiff has become infructuous due to cancellation of trade mark and as such, it was requested that suit be dismissed forthwith.
Learned counsel submitted that in response to application filed by the petitioner, the respondent has filed reply and made a specific averment that the respondent-plaintiff has already filed an appeal before IPAB, Chennai and the appeal is said to be still pending.
Learned counsel submitted that the Court below by impugned order has rejected the application of the petitioner and has fixed the matter for recording evidence of the plaintiff.
Learned counsel submitted that as per provision contained in Section 124 of the Act of 1999, since registration of plaintiff's trade mark is invalid and then the Court ought to have stayed the proceedings in the suit, as per mandatory provisions contained in Section 124 of the Act of 1999.
Issue notice of the writ petition as well as stay application, returnable on 20.01.2022. Notices be given 'dasti', if prayed.
In the meanwhile, further proceedings in Civil Suit No.164/2009 pending in the Court of Additional District Judge No.4, Jaipur Metropolitan- II shall remain stayed.
(ASHOK KUMAR GAUR), J Himanshu Soni/35 (Downloaded on 18/12/2021 at 09:09:54 PM) Powered by TCPDF (www.tcpdf.org)