Mrf Limited v. Mahaluxmi Rubber Udyog

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY (TM)A.No.54 of 2025 in (T)OP(TM)No.1 of 2025 M/s. MRF Limited, Represented by its Authorised Signatory Mr.M.D.Paul, Having Registered Office At No.124, Greams Road, Chennai 600 006.

... Applicant/Petitioner Vs.

1. M/s.Mahaluxmi Rubber Udyog Represented by its Partners Sunny Jhamb, Amit Jhamb, Bindu Jhamb and Sanjeev Khanna, Plot No.106, Phase-I, HSIDC Barhi, Ganaur, Sonipat, Haryana - 131101 and 2 others.

... Respondents Prayer : Application is filed under Order XIV Rule 8 of the Original Side Rules Read With Order I Rule 10(2) of CPC, 1908, to implead the proposed respondent no.3 as a party to the (T)OP(TM)No.1 of 2025. For Petitioner : Mr. M.S.Bharath For R1 : Mr.Arun C.Mohan

O R D E R

The rectification petitioner has filed an application to implead the Registrar of Trade Marks as the 3rd respondent in the rectification petition. As per the Intellectual Property Division Rules of this 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J.

kj Court, the Registrar of Trade Marks is a necessary party in an action for rectification. Therefore, this application is liable to be and is hereby allowed as prayed for. Consequently, the applicant/rectification petitioner shall carry out the amendments in the rectification petition on or before 08.07.2025.

2. A copy of the amended petition shall be served on the 1st and 2nd respondents and notice accompanied by the copy of the amended petition shall be served on the impleaded 3rd respondent returnable on 22.07.2025. The contesting parties are directed to submit draft issues on the next hearing date. It is open to learned counsel for the contesting respondent in the rectification petition to advance arguments regarding the request for stay of the civil suit.

3. List the matter on 22.07.2025.

01.07.2025 kj (1/2) (TM)A.No.54 of 2025 in (T)OP(TM)No.1 of 2025 2/2 https://www.mhc.tn.gov.in/judis