JUDGMENT :

Amit Bansal, J.

I.A. 4831/2022(of the respondent no.1 u/s 151 of CPC)

1. The present rectification petition has been filed on behalf of the petitioner for rectification of the trademark register qua trademark registration no.1252812, which is registered in class 99 (classes 38 and 41) in favour of the respondent no.1 since 2nd December, 2003.

2. The present application has been filed on behalf of the respondent no.1 seeking dismissal of the aforesaid rectification petition.

3. Notice in this application was issued on 5th March, 2022 and reply has been filed on behalf of the respondent no.1. Rejoinder thereto has also been filed on behalf of the respondent no.1.

4. Counsel for the respondent no.1 submits that the petitioner was aware of the registration in favour of the respondent no.1 as far back as on 6th June, 2018 and despite a suit, being CS(COMM) 253/2019, having been filed by the petitioner against the respondent no.1 on 10th May, 2019, the petitioner took no steps to have a preliminary issue framed on the alleged invalidity of the respondent no.1’s trademark. Therefore, in view of the judgment of the Supreme Court in Patel Field Marshal Agencies and Anr. v. P.M. Diesels