ORDER

Heard finally, with the consent of the parties.

1. The Petitioner- Scotch Whisky Association (hereinafter ‘The Petitioner’) in the present case lays a challenge to the order dated 28.10.2021 passed in CS no. 07/2020 by the Commercial Court in District Indore, through which the application under Order VII Rule 11 (hereinafter O7/R11) has been partly allowed holding the suit to be maintainable only after impleadment of “Authorised User” (hereinafter ‘AU’) in terms of the mandate of Section 21 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 (hereinafter ‘GI Act’).

2. The petitioner by filing the present petition under Article 227 of the Constitution of India, pleads that being a “Registered Proprietor” (hereinafter ‘RP’) of the Scotch Whisky Geographical Indication (hereinafter ‘GI’) has an independent right and entitlement to maintain the suit for infringement of the GI in his own independent capacity.

3. The petitioner mentions itself to be a company incorporated under laws of the United Kingdom with its registered office at Scotland, UK and legal representatives in India, Mr. Sunil MB Dutta has been authorized to carry out all functions on behalf