( 1 ) UNDER the provisions of Section 111 of the Trade and Merchandise Marks Act, 1958 the Court has the power and the duty. to Stay the plaintiff s suit where the Validity of the registration of the trade mark is questioned by the defendants. Relevant Section 111 reads as under : Section III (1) Where in any suit for the infringement of a trade mark,

(A) the defendant pleads that the registration of the plaintiff s trade mark is invalid; or

(B) the defendant raises a defence under clause (d) of sub-section (1) of Section 30 and the plaintiff pleads the invalidity of the registration of the defendants trade mark; the Court trying the suit (hereinafter referred to as the court), shall.

IF any proceedings for rectification of the register in relation to the plaintiff s or defendant s trade mark are pending before the registrar or the High court stay the suit pending the final disposal of such proceedings;

IF no such proceedings are pending and the Court is satisfied that the plea regarding the in- tendant s trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of there months from the date of the framing of the issue in o