People Interactive (I) Pvt Ltd v. M/S.Matrimony.Com Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY THE 27th DAY OF JULY 2021 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN A.No.2519 of 2021 in C.S. No.395 of 2019 M/s. Matrimony.com Limited, No.94, TVH Beliciaa Towers, Tower-2, 10th Floor, MRC Nagar, Mandaveli, Chennai 600 028 rep.by its General Manager - Legal & Regulatory Mr.S.Ravichandran ... Plaintiff -VersusPeople Interactive Pvt. Ltd., Old No.124/1, New No.14 Heera Panna Complex, 2nd Floor, G.N.Chetty Road, T.Nagar, Chennai 600 017.
... Defendant A.No.2519 of 2021 People Interactive Pvt. Ltd., Old No.124/1, New No.14 Heera Panna Complex, 2nd Floor, G.N.Chetty Road, T.Nagar, Chennai 600 017.
... Applicant/Defendant Vs
M/s. Matrimony.com Limited, No.94, TVH Beliciaa Towers, Tower-2, 10th Floor, MRC Nagar, Mandaveli, Chennai 600 028 rep.by its General Manager - Legal & Regulatory Mr.S.Ravichandran ..Respondent/Plaintiff Application praying that this Hon'ble Court be pleased to grant stay of all proceedings in Suit bearing number C.S.No.395 of 2019, until the final disposal the rectification applications filed by the Applicant/Defendant against the Respondent/Plaintiff's registered trade marks, set out at "Annexure "A" to the Plaint, which are pending before the IPAB as set out at Schedule A hereto.
This Application coming on this day before this court for hearing, the Court made the following order:
This Application is taken out by the defendant in C.S.No.395 of 2019, wherein, it is stated that the defendant has taken out the rectification application before the Intellectual Property Appellate Board, for challenging the validity of the plaintiff's registered trademark and same is pending before the IPAB for adjudication. Hence, the present suit ought to have stayed by the High Court as envisaged under Section 124 of the Trademarks Act.
2. This Application was filed before this Court on 31.03.2021. In view of the dissolution of IPAB, the Learned Counsel for the plaintiff/defendant
seeks leave to withdraw the application. Accordingly, the Application No.2519 of 2021 is dismissed as withdrawn.
Sd./-G.J.J 27.07.2021 //Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.