Gujarat High Court
Galatea Ltd vs Diyora And Bhanderi Corporation on 11 April, 2019
Author: G.R.Udhwani
Bench: G.R.Udhwani
C/CS/2/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL SUITS NO. 2 of 2017
==========================================================
GALATEA LTD & 1 other(s)
Versus
DIYORA AND BHANDERI CORPORATION & 13 other(s)
==========================================================
Appearance:
MR MANAN A SHAH(5412) for the Defendant(s) No. 1,10,11,2,3,4,5,6,7,8,9
NOTICE SERVED BY DS(5) for the Defendant(s) No. 12,13,14
MR DILIP B RANA(691) for the Plaintiff(s) No. 1,2
==========================================================
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 11/04/2019
ORAL ORDER BELOW EXHIBIT-5
This application is made for fixing the consensual modalities for recording the evidence of the witness through video conferencing in terms of paragraph 4 of the application.
On 05/04/2019, this Court by order below ExhibitA1, A2 and A3 granted similar such consensual application for recording the evidence of PW 2, PW 3 and PW 8. However, during the course of hearing, this Court noticed some of the relevant provisions of the Commercial Courts Act, 2015 being Section 2(c)(xvi) and Sections 4 and 7 which read thus:
"2.Definitions.(1) In this Act, unless the context otherwise requires,--
xxx xxx xxx xxx
(c) "commercial dispute" means a dispute arising out of-- xxx xxx (xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits;"
4. Constitution of Commercial Division of High Court. (1) In all High Courts, having ordinary civil jurisdiction, the Chief Justice of the High Court may, by order, constitute Commercial Division having one or more Benches consisting of a single Judge for the purpose of exercising the jurisdiction and powers conferred on it under this Act.
(2) The Chief Justice of the High Court shall nominate Page 1 of 2 C/CS/2/2017 ORDER such Judges of the High Court who have experience in dealing with commercial disputes to be Judges of the Commercial Division.
7. Jurisdiction of Commercial Division of High Courts. All suits and applications relating to commercial disputes of a Specified Value filed in a High Court having ordinary original civil jurisdiction shall be heard and disposed of by the Commercial Division of that High Court:
Provided that all suits and applications relating to commercial disputes, stipulated by an Act to lie in a court not inferior to a District Court, and filed or pending on the original side of the High Court, shall be heard and disposed of by the Commercial Division of the High Court:
Provided further that all suits and applications transferred to the High Court by virtue of subsection (4) of section 22 of the Designs Act, 2000 or section 104 of the Patents Act, 1970 shall be heard and disposed of by the Commercial Division of the High Court in all the areas over which the High Court exercises ordinary original civil jurisdiction."
It seems that dispute in relation to the intellectual properties inter alia under Patent Laws would constitute the commercial dispute; the jurisdiction for which is vested in the Commercial Division of the High Court constituted under Section 4 read with Section
7. The second proviso to Section 7 clearly provides the manner of dealing with suits transferred under Section 104 of the Patent Act to the High Court. According to the proviso, such transferred suits shall be disposed of by the Commercial Division of the High Court. Concededly, in the instant case, the suit is transferred under Section 104 of the Patents Act.
This Court therefore would not pass any further orders in this suit. The suit be placed before the Hon'ble the Acting Chief Justice for appropriate orders on 12/04/2019; subject to convenience of the Hon'ble the Acting Chief Justice.
(G.R.UDHWANI, J) sompura Page 2 of 2