JUDGMENT

(Prayer: This application has been filed under Order XVI Rule 8 of the Madras High Court Original Side Rules read with Section 124(1)(a)(i) of the Trade Marks Act, 1999, read with Section 151 of the Code of Civil Procedure, 1908 to stay the suit in C.S.No.163 of 2018 pending the final disposal of the rectification proceeding in (T)OP(TM) No.32 of 2023.)

1. Learned counsel for the defendant/petitioner in the connected rectification petition [(T)OP(TM)/32/2023] seeks a stay of C.S.No.163 of 2018 because a defence was raised in the suit that the registration of the trademark is invalid and a rectification petition was filed. Although both the rectification petition and the suit are pending before this Court, learned counsel contends that the statute mandates that the rectification petition be decided first and that the suit be stayed until then. In support of this contention, he places emphasis on sub-sections (1) and (4) of section 124 of the Trade Marks Act, 1999 (The Trade Marks Act). Section 124 is set out below:

"(1) Where in any suit for infringement of a trade mark-

(a)the defendant pleads that registration of the plaintiff''s trade mark i