Anurag Sanghi & Another v. M/S Knitpro International

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C) 15/2015 ANURAG SANGHI & ANOTHER ..... Petitioners Through :

Mr. M. K. Miglani and Mr. Gaurav Miglani, Advs.

versus M/S KNITPRO INTERNATIONAL ..... Respondent Through :

(attendance slip not given.)

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.07.2015 I.A.______/2015 (EXEMPTION) (to be numbered) Allowed, subject to all just exceptions.

Application is disposed of.

TR.P.(C) 15/2015 (u/S 24 CPC) Learned counsel for the respondent accepts notice. He submits that he has no objection in case the suit being TM No.170/2015 pending in the court of Ms. Vrinda Kumari, Learned Additional District Judge, Patiala House Courts, New Delhi is transferred to this court and tried with CS(OS) 2142/2015 between the same parties in respect of infringement of design pending in this Court.

Even otherwise, both suits have to be tried together in view of the law laid down in Mohan Lal vs. Sona Paint & Hardwares,

2013 (55) PTC 61 [Del] [FB].

Accordingly, file of suit bearing TM No.170/2015 pending in the court of Ms. Vrinda Kumari, Learned Additional District Judge, Patiala House Courts, New Delhi is withdrawn and transferred to this court. The said suit on receipt by transfer be tried with CS(OS) 2142/2015. Petition is disposed of in above terms.

DASTI.

A.K. PATHAK, J.

JULY 30, 2015 dk