ORDER :

1. The primary issue that arises for consideration in these applications filed under Section 124 of the Trademarks Act is whether to satisfy the requirement of Section 124 of the Trademarks Act, a plea should necessarily be taken in the written statement that the registration of the plaintiff’s trademark 'VARAM' is invalid or it would suffice if such a plea was taken by the defendant in the counter affidavit filed in the Interlocutory Applications filed by the plaintiff seeking interim injunction.

2. In order to understand the issue on hand better, Section 124 of the Trademarks Act is extracted hereunder:

“124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc.

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

(a) the defendant pleads that registration of the plaintiff’s trade mark is invalid.

(b) the defendant raises a defence under clause (e) of subsection (2) of section 30 and the plaintiff pleads the invalidity of registration of the defendant’s trade mark, the court trying the suit (hereinafter referred to as the court), shall:

(i) if any proceedings for rectification of the register in relation to the plaintiff’s or defendant’s