Delhi High Court - Orders
Bosch Ltd. Hosur Road, Adugodi, ... vs Micolube India Ltd. 174, Khasra No. 957, ... on 10 November, 2022
Author: Navin Chawla
Bench: Navin Chawla
$~16-17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 473/2022
BOSCH LTD. HOSUR ROAD, ADUGODI, BANGALORE,
KARNATAKA ..... petitioner
Through: Mr.Ashwin Kumar DS, Adv.
versus
MICOLUBE INDIA LTD. 174, KHASRA NO. 957, SULTANPURI
ROAD, KIRARI SULEMAN NAGAR, DELHI ..... respondent
Through: Mr.Ajay Amitabh Suman,
Mr.Mankaran Singh, Advs.
(17) C.O. (COMM.IPD-TM) 525/2022
BOSCH LIMITED ..... petitioner
Through: Mr.Ashwin Kumar DS, Adv.
versus
MICOLUBE INDIA LTD. ..... respondent
Through: Mr.Ajay Amitabh Suman,
Mr.Mankaran Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 10.11.2022
1. The learned counsel for the respondent submits that these petitions have been filed without obtaining a prima facie view of the Court, where the suit is pending between the parties, on the invalidity of the registration of the mark granted to the respondent, as required under Section 124 read with Section 125 of the Trade Marks Act, 1999.
2. The learned counsel for the petitioner, on the other hand, submits that the petitioner has filed an application under Section 124 of the Trade Marks Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:11.11.2022 18:56:43 Act, 1999 before the learned Court where the suit is pending, and the same has been allowed.
3. The learned counsel for the petitioner shall place the said order on record.
4. At request of the learned counsel for the respondent, relist on 10th February, 2023.
NAVIN CHAWLA, J NOVEMBER 10, 2022 RN Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:11.11.2022 18:56:43