Karnataka High Court
M/S Prestige Estates Projects Ltd vs M/S Prestige Vacations Pvt Ltd on 15 February, 2024
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NC: 2024:KHC:6508
WP No. 19052 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
WRIT PETITION NO. 19052 OF 2023 (IPR)
BETWEEN:
M/S. PRESTIGE ESTATES PROJECTS LTD.,
A PUBLIC LIMITED COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956,
HAVING TIS REGISTERED OFFICE AT
#19, PRESTIGE FALCON TOWER,
BRUNTON ROAD, BANGALORE - 560 025.
REP. BY ITS SENIOR MANAGER -SECRETARIAL
MR. LINGRAJU PATRA,
S/O SIBA PRASAD PATRA,
AGED ABOUT 33 YEARS.
...PETITIONER
(BY MISS ANNU BHARADWAJ, ADVOCATE [PH] FOR
MISS HARSHITHA RATHOD & MISS MEDINI RAO, ADVOCATES)
AND:
Digitally signed
by M/S. PRESTIGE VACATIONS PVT. LTD.,
ANNAPURNA
G A COMPANY INCORPORATED UNDER
Location: High COMPANIES ACT, 2013,
Court of HAVING ITS REGD. OFFICE AT
Karnataka
VTN ARIHANT PRESIDENCY,
DOOR NO. 139, 3RD FLOOR,
NORTH USMAN ROAD, T NAGAR,
CHENNAI- 600 001.
...RESPONDENT
(BY SRI K.B NAVEEN KUMAR, ADVOCATE)
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NC: 2024:KHC:6508
WP No. 19052 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS ON
THE FILE XVIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE AND SET ASIDE THE ORDER DATED 07TH JULY,
2022 PASSED IN I.A.NO.3 IN O.S.NO.3360/2021.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner.
2. It is submitted that the present writ petition is filed challenging Annexure-E, thereby, IA.No.3 in O.S.No.3360/2021 came to be allowed staying the proceedings of the suit as per Section 124 of the Trade Marks Act, 1999. It is submitted that the trial Court has passed its orders and the petition filed before the Madras High Court in W.P.(IPD) Nos.5 to 22 of 2023. Now, the said W.P.(IPD) Nos.5 to 22 of 2023 have been disposed off with a direction to file the rectification proceedings before the Appropriate Forum.
3. Hence, the present writ petition has become redundant in view of disposal of the WP(IPD) cases before the Madras High Court and the order of the trial Court also does not survive as no challenge under section 124 of Trade Marks Act, 1999 is pending before the Madras High Court. -3-
NC: 2024:KHC:6508 WP No. 19052 of 2023
4. In that view of the matter, the present writ petition has become infructuous and therefore, the same is disposed of accordingly.
Sd/-
JUDGE NR/-
List No.: 1 Sl No.: 29