JUDGMENT (Oral)

C.Hari Shankar, J.

1. This is a writ petition under Article 226 of the Constitution of India, whereby the petitioner Natco Pharma Ltd. (Natco) assails order dated 14th December 2022, passed by the Learned Assistant Controller of Patents and Designs, allowing Indian Patent Application no. 4412/DELNP/2007, filed by Respondent 2 - Novartis AG (Novartis) on 8th June 2007.

2. By consent of learned Counsel for the parties, Mr J Sai Deepak and Mr. Hemant Singh, the Court has heard the matter finally and proceeds to dispose of the writ petition.

3. Novartis has assailed the maintainability of this petition under Article 226, as alternate remedies, by way of rectification and correction of the register of trade marks under Section 71(1)^1[71. Rectification of register by High Court -

(1) The High Court may, on the application of any person aggrieved -

(a) by the absence or omission from the register of any entry; or

(b) by any entry made in the register without sufficient cause; or

(c) by any entry wrongly remaining on the register; or

(d) by any error or defect in any entry in the register,

make such order for the making of variation or deletion, of any entry therein, as it may