M/S Varun Gems v. M/S Precious Jewels & ORS

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 600/2015 M/S VARUN GEMS ..... Appellant Represented by:

Ms.Pratibha M.Singh, Sr.Advocate instructed by Mr.Jasmeet Singh, Ms.Radha Chawla, Ms.Astha Sharma, Advocates versus M/S PRECIOUS JEWELS & ORS ..... Respondents Represented by:

Mr.Ankit Agarwal, advocate for Mr.J.K.Sethi, Advocate

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.02.2016 1.

In view of the Full Bench decision pronounced on February 05, 2016 in FAO(OS)403/2012 as also the law declared in the decision reported as 2010 (43) PTC 479 (Del.)(DB) Puma Stationer P. Ltd. & Anr. Vs. Hindustan Pencils Ltd., with consent of learned counsel for the parties we set aside the impugned order dated August 06, 2015 and restore IA No.14056/2012 for the reason the Full Bench decision concerning interpretation of Section 124 of the Trade Marks Act, 1999 requires a discretion to be exercised concerning stay of the suit where rectification of a registered trade mark filed post the suit, is pending and not as a mechanical exercise of staying the suit.

FAO(OS) 600/2015

2.

Having revived IA No.14056/2012 filed by the defendants, which application has been restored, we direct the Registry to list IA No.14056/2012 before the Roster Bench for directions on February 18, 2016.

CM No.24840/2015 Dismissed as infructuous.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

FEBRUARY 09, 2016 'skb'

FAO(OS) 600/2015