ORDER

(Through video conferencing)

1. Pursuant to proceedings dated 16.7.2021 on behalf of the defendant has been filed an application seeking leave to file rectification petition with an application under Section 124 of the TRADE MARKS ACT , 1999, which application under Section 124 (1)(a)(ii) of the TRADE MARKS ACT , 1999 is IA No. 9591/2021 filed on behalf of the defendants seeking to challenge the validity of the registration of the plaintiffs trademark under application No. 2499660 for the trade mark " For the Bold" and seeks the framing of an issue of the invalidity of the impugned trade mark registration at an appropriate stage.

2. On behalf of the plaintiffs' it has been urged that IA bearing No. 7170/2021 is listed for consideration today and that the Court may proceed to hear the same.

3. At the outset a submission was made on behalf of the defendants that in as much as the application IA No. 9591/2021 seeking leave to file the rectification petition challenging the validity of the registration of the trade marks has been filed, the plaintiffs' prayer cannot be considered until consideration of the submission made by the defendant challenging the validity of the reg