ORDER

Yashwant Varma, J.

LPA 397/2023

THE PRELIMINARY OBJECTION

1. The instant Letters Patent Appeal¹ [LPA]questions the correctness of the judgement rendered by a learned Single Judge of the Court dismissing a petition for rectification moved by the appellant and referable to Section 57 of the Trade Marks Act, 1999² [TMA].

2. When we heard the matter on 10 July 2023, we took note of the preliminary objection which was raised at the behest of respondent no. 1 relating to the maintainability of the present LPA itself. Admittedly, the question of maintainability of an LPA against a judgement rendered by a learned Judge of the Court on a petition under Section 57 of the TMA had directly fallen for consideration before a Coordinate Bench of the Court in Resilient Innovations Pvt. Ltd. v. Phonepe Private Limited & Anr., 2023:DHC:3426-DB and came to be answered in the affirmative.

3. As was noticed by us in our order of 10 July 2023, Mr. Nayar, Mr. Sethi and Mr. Krishnan, learned senior counsels appearing for respondent no. 1 had in unison submitted that the exposition of the legal position in Resilient Innovations was incorrect and merited reconsideration. The doubts so expressed essent