Atcom Technology Co Ltd vs Rahul Gupta And Ors & Ors. on 25 August, 2022

[Cites 3, Cited by 1]

Delhi High Court

Atcom Technology Co Ltd vs Rahul Gupta And Ors & Ors. on 25 August, 2022

Bench: Dinesh Kumar Sharma

                          $~41
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       TR.P.(C.) 61/2022
                                  ATCOM TECHNOLOGY CO LTD                                ..... Petitioner
                                                      Through:    Mr. Abhishek Chandra Mishra, Mr.
                                                                  Anuraj Tirthankar, Ms. Janhvi
                                                                  Chadha, Ms. Preeta Panthaki and Ms.
                                                                  Atiga Singh, Advs.
                                                      versus
                                  RAHUL GUPTA AND ORS & ORS.                   ..... Respondents
                                                      Through:    Ms. Rajeshwari and Mr. Deepanshu
                                                                  Nagar, Advs.


                          %                         Date of Decision: 25th August, 2022
                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                         JUDGMENT

DINESH KUMAR SHARMA, J. (Oral) CM APPL. 36836/2022 (exemption) Exemption is allowed subject to all just exceptions.

TR.P.(C.) 61/2022

1. This is a transfer petition under Section 24 of the CPC read with Rule 26 of Delhi High Court Intellectual Property Rights Division Rules, 2022 for seeking transfer and consolidation of suit titled as "Atcom Technology Ltd. v. Rahul Gupta &Ors." bearing no. CS (Comm.) no.

TR.P.(C.) 61/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:26.08.2022 16:24:52

179/2020 and Rectification Petition titled as "Atcom Technology Ltd. v. Rahul Gupta &Anr." bearing no. C.O. (COMM IPD-TM) 188/2022, along with the supporting documents.

2. It has been submitted that the CS (Comm.) no. 179/2020 titled as "Atcom Technology Ltd. v. Rahul Gupta &Ors." is pending in the Court of Learned District Judge (Commercial Courts), East/Karkardooma District.

3. It has been submitted that a Rectification Petition bearing no. C.O. (COMM IPD-TM) 188/2022 titled as "Atcom Technology Ltd. v. Rahul Gupta &Anr." has been currently transferred from the IPAB and is pending before Learned Joint Registrar, Delhi High Court, New Delhi.

4. Learned counsel for the petitioner submits that after abolition of IPAB, the Rectification Petition has been transferred from there and shall be now listed before the Intellectual Property Rights Division of this Court in Accordance with the Delhi High Court Intellectual Property Rights Division Rules, 2022.

5. Learned counsel for the petitioner has further submitted that both the matters are pertaining to copyright trademark, passing off, acts of unfair competition and adjudication of rights thereunder, hence fall withing the ambit of "IPR subject matters" as defined in Section 2 (i), IPD Rules, 2022.

6. Issue notice.

7. Mr. Deepanshu Nagar, learned counsel accepts notice on behalf of the respondent.

8. Learned counsel for the respondent submits that both the matters Rectification Petition bearing no. C.O. (COMM IPD-TM) 188/2022 and TR.P.(C.) 61/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:26.08.2022 16:24:52 suit bearing no. CS (Comm.) no. 179/2020 are „Intellectual Property Rights subject matters‟ within the meaning of Section 2 (i), IPD Rules, 2022 and are commercial matters over which IPD of the Court exercises the jurisdiction.

9. Learned counsel submits that in the interest of justice, the suit bearing no. CS (Comm.) no. 179/2020 pending in the Court of Learned District Judge (Commercial Courts), East/Karkardooma District may be withdrawn and transfer to this Court.

10. Since both the matters Rectification Petition bearing no. C.O. (COMM IPD-TM) 188/2022 and suit bearing no. CS (Comm.) no. 179/2020 are both Intellectual Property Rights subject matters within the meaning of Section 2 (i), IPD Rules, 2022 and are commercial matters over which the IPD of this Court exercises the jurisdiction, the suit bearing no. CS (Comm.) no. 179/2020 is withdrawn from the Court of Learned District Judge (Commercial Courts), East/Karkardooma District and is assigned to this Court.

11. Let the copy of the order be sent to the learned Principal, District and Sessions Judge, East/Karkardooma District.

12. Learned District Judge (Commercial Courts), East/Karkardooma District is directed to transfer the record of the case to this Court.

13. Parties are directed to appear before the learned Registrar General of this Court on 7th September, 2022.

DINESH KUMAR SHARMA, J AUGUST 25, 2022 Pallavi TR.P.(C.) 61/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:26.08.2022 16:24:52

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