this regard he refers to the following observation of
Micolube India Ltd.-vs.- Rakesh Kumar Trading A/s Sourabh
Industries & Ors. reported ... Trade Mark
are mutually inconsistent with each other. (See paragraph 63 of Micolube).
Learned Senior Advocate for the defendant next submits that
the decision
evidence is being recorded in the present proceedings. Relying upon
'Micolube India Ltd. vs. Maggon Auto Centre ... till the final decision of the pending
rectifications. This Court in 'Micolube India Ltd. vs. Maggon Auto
Centre & Anr. '(supra) decided
Full Bench decision of the Delhi High
Court in the case of Micolube India Limited Vs. Rakesh Kumar &
Ors. reported in 2013 (55) Patent ... remedy. He would rely upon
the minority view in the case of Micolube India Ltd. Vs. Rakesh
Kumar & Ors. (supra) as expressed in paragraph
this
Court in 'Puma Stationer P. Ltd.' (supra) and
'Micolube India Ltd.'(supra). Having recourse to
Section 151 CPC to stay ... March, 2017 to stay the suit, namely, Data
Infosys Ltd. (supra) and Micolube India Ltd. (supra)
as also the judgments of the Division Bench
Advs.
Ms Pratibha M. Singh, Advocate, amicus curiae.
+ CS(OS) 1446/2011
MICOLUBE INDIA LIMITED .....Plaintiff
Through: Mr S.K. Bansal, Mr Vikas Khera ... would be referred to as
SPH. In the second suit, the plaintiff Micolube India Ltd. will be referred to
as MIL, while the defendants being
Full Bench of the Hon'ble High
Court of Delhi in Micolube India Limited Vs. Rakesh Kumar
trading as Saurabh Industries ... 1446:
2013(55) PTC 1 (Del)]. In view of the decision in Micolube
(supra) the Plaintiff has filed the present Suit separately for
passing
prior use of the mark by the defendants in India.
4.9.5. In Micolube India Ltd. v. Maggon Auto Centre
Mohan Lal, Proprietor of Mourya
Industries vs Sona Paints & Hardwares and Micolube India
Limited vs Rakesh Kumar Trading as Saurab Industries
Prakash
Gupta vs. Parveen Kumar and Anr. 86 ( 2000) DLT 181, Micolube India Ltd.
vs. Maggon Auto Centre
statement. He relies upon judgment of this Court
in the case of Micolube India Ltd. vs. Maggon Auto Centre & Another ... Similar view was expressed by this High Court in the case of
Micolube India Ltd. vs. Maggon Auto Centre & Another (supra) cited
