1. The defendant No.3 has filed the application dated 12.2.2019 under section 151 of Civil Procedure Code, 1908 (‘CPC’) seeking stay of the suit sine die till the disposal of the revocation petition filed by it and pending before Intellectual Property Appellate Board (`IPAB` for short). Such prayer is made mainly on the premise that before the suit for infringement of patent was filed by the plaintiff, the defendant no.3 filed the revocation petition before the IPAB and there is likelihood that the suit patent would be revoked, however if the suit is not stayed, the defendant No.3 may suffer irreparable loss which could not be compensated in terms of money and will suffer serious prejudice.

2. Learned senior advocate Mr. Saurabh Soparkar appearing with learned advocates Mr. Vinod Khurana, Mr. Rishabh Nieam and Mr. Manan Shah for the defendant No.3 submitted that indisputably, the defendant No.3 filed the revocation petition before the patent infringement suit was filed and in the suit, since the application for interim injunction filed by the plaintiff is rejected, the plaintiff will not be put to any prejudice if the suit does not proceed till decision is taken by IPAB on re