JUDGMENT :

ASHA MENON, J.

C.O. (COMM.IPD-TM) 40/2021, I.A.14647/2021

C.O. (COMM.IPD-TM) 41/2021, I.A.14648/2021

C.O. (COMM.IPD-TM) 42/2021, I.A.14649/2021

C.O. (COMM.IPD-TM) 43/2021, I.A.14650/2021

C.O. (COMM.IPD-TM) 44/2021, I.A.14651/2021

C.O. (COMM.IPD-TM) 45/2021, I.A.14652/2021

(HYBRID HEARING)

1. These petitions have been moved for the removal/rectification of trademark Registration Nos.3425319, 3425322, 3425323, 3425317, 3425326 and 3425325 respectively in Classes 36, 9, 35 and 42 from the Register of Trade Marks under Section 57 of the Trade Marks Act, 1999.

2. Mr. Sandeep Sethi, learned senior counsel appearing on advance notice on behalf of the respondent No.1/Phonepe Private Limited has raised a preliminary objection to the maintainability of the present petitions. It is his submission that a prior suit being CS(COMM) 292/2019 is pending between the same parties, in which, in terms of the provisions of Section 124 of the Trademarks Act, 1999, no application has been moved before that Court seeking permission to file the present rectification petitions. Learned senior counsel for the respondent No.1 has handed over a copy of the written statement filed by the petitioner herein in C