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2024 Supreme(Online)(DEL) 21660

HIGH COURT OF DELHI
HON'BLE MR. JUSTICE VIBHU BAKHRU, HON'BLE MS. JUSTICE TARA VITASTA GANJU, JJ
M/S ANIL FOOD INDUSTRIES – Appellant
Versus
MR. ANIL KUMAR GERA TRADING AS M/S ALKA FOOD INDUSTRIES – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Amit Jain
For the Respondents: Mr. Kunal Khanna, Ms. Vridhi Pasricha, Ms. Kanupriya Gera

ORDER

1. Learned counsel appearing for the petitioner submits that the present petition has been erroneously listed before this Bench as the Registry has construed the order dated 15.01.2024 to mean that the petition was required to be placed before the Division Bench. However, the Court had directed that the matter is required to be placed before the Intellectual Division (IPD) Bench.

2. Learned counsel has also referred to the Rule 26 of The Delhi High Court Intellectual Property Rights Division Rules, 2022. The said rule is set out below:

  • “26. Consolidation of IPR subject matters or cases or proceedings or disputes.
  • Where there are multiple proceedings relating to the same or related IPR subject matter, irrespective of whether the said proceedings are between the same parties or not, the Court shall have the power and the discretion, wherever appropriate, to direct consolidation of proceedings, hearings, and also to direct consolidated recording of evidence/common trial and consolidated adjudication. If the Court is of the opinion that any matter pending before a Commercial Court is to be consolidated with a matter pending before the IPD, it may exercise powers of transfer un

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