I.A. No. 9964/2016 (filed by Micromax Informatics Pvt. Ltd. u/O 1 Rule 8 A r/w Section 151 CPC for intervention)

1. This is an application filed by the Applicant/Micromax Informatics Private Limited (Micromax) under Order 1 Rule 8A of the Code of Civil Procedure 1908 (CPC) read with Section 151 of the CPC seeking intervention in the present suit filed by the Plaintiff, Telefonaktiebolaget LM Ericsson (Publ) [Ericsson] against the Defendant, Lava International Limited (Lava).

2. The Applicant, Micromax, seeks to intervention in the present suit on the ground that the issues involved in the present suit are identical to the issues involved in the suit filed by the Ericsson against Mercury Electronics Limited and Micromax in CS (OS) No. 442 of 2013 which has been filed in the month of March 2013 i.e., much prior in time than the filing of the present suit.

3. In para 4 of the application, in a tabular form, the sum and substance in both the suits which have been filed alleging infringement of Ericssons patent by the respective Defendants is set out.

4. The apprehension expressed by Micromax is that both the suits by Ericsson involve the issue of validity of Ericssons patent and tha