ORDER (Oral)

C.Hari Shankar, J.

C.O. (COMM.IPD-TM) 244/2021

C.O. (COMM.IPD-TM) 245/2021

C.O. (COMM.IPD-TM) 342/2021

C.O. (COMM.IPD-TM) 395/2021

CS(COMM) 779/2022

1. These matters were listed today in view of a somewhat intricate objection raised by Mr Jayant Kumar, learned Counsel for the respondents in CO (COMM. IPD-TM) 244/2021 and CO (COMM IPD-TM) 245/2021, to the taking, on record, of the rejoinders filed by the petitioners. This order disposes of the objection.

2. Mr. Jayant Kumar, learned Counsel for the respondent submitted that the rejoinders filed by the petitioner in these petitions had been filed beyond the time stipulated in Rule 7(x)^{1[7. Procedure for Original Petitions (Civil Original Petition)
(x) Rejoinder to the reply, if so directed, shall be filed within the period prescribed by the Court or shall be filed within 60 days from the date on which the Court directs filing of the Reply. ]}
of the Intellectual Appellate Division (IPD) Rules, 2002 as applicable to this Court and that, therefore, they could not be taken on record. According to Mr. Jayant Kumar, the use of the word 'shall', in Rule 7(x) of the IPD Rules supra forecloses the right of the petitioner to file a rejo