granted
in a suit, seeks stay of the suit to perpetuate the injunction where the
defendant has sought rectification. The second would be where ... court trying the suit") to adjourn the suit) and (2)
where the suit is filed before a rectification proceeding/application is
preferred ( Section
jurisdiction to
S.25 , CPC jurisdiction to
decide decide
Infringement rectification rectification
suit forum unless both are
transferred to
HC under
S.24 , CPC
High ... disposal of the
stayed until the final rectification proceedings. rectification proceedings.
disposal of the
rectification proceedings. (3) If no such application (3) If no such
suit to be stayed. The
stay of the suit is an inexorable legislative consequence to the filing of
the rectification petition.
6.7 Thirdly, the legislature ... rectification petition being filed before the High Court. The decision
specifically holds that, once a rectification petition is filed, stay of the
pending suit
filed seeking rectification. In the present case the application for rectification is filed after the institution of the suit which fact has not been denied ... civil Court trying the suit has to stay the further proceedings of the suit until disposal of the rectification proceeding. At the same time
civil Court trying the suit has to stay
the further proceedings of the suit until
disposal of the rectification proceeding. At the
same time ... pendency of the suit and the
certificate of registration was issued after filing of the suit
and Therefore, the application for rectification could
sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification
proceedings.
(3) If no such application ... stipulates that the
trial of the suit shall stand stayed till the final disposal of the
rectification proceedings.
59. As such, the filing
institution of a rectification application without the suit court framing an
issue concerning the validity of PPL's trademarks.
1.2. In reaching this conclusion ... Court. The suit was withdrawn by PPL
on 22.10.2021, with the liberty to file a fresh suit. RIPL had filed its
rectification applications under Section
suit or if framed has not been pursued by the party concerned
in the suit by filing an application to the High Court for
rectification ... defendant in the suit of the plaintiff, is to be decided, not by the
Court hearing the suit (hereinafter "the suit Court
court trying the suit") to adjourn the suit) and (2) where
the suit is filed before a rectification proceeding/application is
preferred ( Section ... when the suit is filed and a
party to the infringement suit, wishes to challenge it after the
filing of the suit
suit. In that case, the Court is required under
Section 124(1)(i) to stay the suit, pending final disposal of the
rectification proceedings. Section ... misguided, as there is a
fundamental difference between an infringement suit and a
rectification application.
(v) The attention of Mr. Raichura was invited
