JUDGMENT :

1. The issue that arises for consideration in this application is whether this Court is having the territorial jurisdiction to transfer to itself by way of consolidation the Rectification Petition filed by the applicants/plaintiffs under Section 57 of the Trade Marks Act, pending before the Trademarks Registry at New Delhi.

2. The following facts are un-disputed:

a) The applicants/plaintiffs have obtained trademark registration for their trademark "NIPPON PAINT" only from the Trademarks Registry at Chennai;

b) The applicants/plaintiffs have pleaded in the plaint that their trademark has been infringed by the respondents/defendants at Chennai and the respondents/defendants are selling the infringed products at Chennai;

c) Both the applicants/plaintiffs and the respondents/defendants have obtained trademark registration for their respective marks.

d) The applicants/plaintiffs have obtained their trademark registration from the Trademarks Registry at Chennai, whereas the respondents/defendants have obtained the trademark registration for their trademark from the Trademarks Registry at New Delhi. The applicants/plaintiffs, prior to the filing of the suit, on coming to know that th