disposal of the rectification application by an order for rectification,
and not at any stage before that, and only in rectification
proceedings before the appropriate ... invalidity and the civil court
trying the suit for infringement passes a decree in the suit in
conformity with the final decision of the IPAB
similar trademark and in such
suit, while staying the further proceedings
pending decision of the registrar on
rectification, an interim order including of
injunction restraining ... hearing of the application for
interlocutory reliefs or even the suit pending
rectification proceedings.
39. A single Judge of the Delhi High Court
controvert that
there is no bar to institution of a suit after filing a rectification application but
contends that the "pendency of the proceedings ... plaintiff has
already, prior to the institution of the suit, applied for rectification.
5. On the third contention, reliance is placed on Formica International
disposal of the rectification application by an order for rectification,
and not at any stage before that, and only in rectification
proceedings before the appropriate ... invalidity and the civil court
trying the suit for infringement passes a decree in the suit in
conformity with the final decision of the IPAB
true intention of the parties, it becomes fatal to a suit for
rectification. Thirdly, the evidence relating to mistake common to both the
parties must ... plaint do
not conform to the legal standard required in a suit for rectification of an
instrument or for a declaratory relief. The amendments were
mistake, the survey
number is mentioned wrongly. In that regard, seeking rectification, suit is
filed by the plaintiff. In that, an application is also filed ... that the suit
itself is not maintainable and that plaintiff is not entitled for the relief of
rectification.
So far as the claim
sufficient cause allow, the
trial of the suit shall stand stayed until the final disposal of the
rectification proceedings.
(3) If no such application ... Section 124 , to stay the suit, to
enable either party to take recourse to rectification proceedings before the
Registrar of Trademarks, but after considering what
hearing of the application
for interlocutory reliefs or even the suit pending rectification
proceedings".
The said position is reiterated by this Court ... Defendant's mark, the Court trying the suit shall, if any proceedings for
rectification of the Register in relation to the Plaintiff or Defendant
suit. In our view, the suit shall remain a suit for specific
performance of the contract for sale and a separate
independent suit ... description of the suit property in
the plaint cannot convert the suit for specific performance
of the contract to a suit for declaration
suit. In our view, the suit shall remain a suit for
specific performance of the contract for sale and a separate
independent suit ... contract, it is not always
necessary that a separate suit should have been brought for
rectification of the document and it is open
