Notice Before Admission vs Unknown
2022 Latest Caselaw 725 AP

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: C.R.P.No.199 of 2022

                                PROCEEDING SHEET

Sl.                                                                               OFFICE
                                             ORDER

No DATE NOTE

02. 09.02.2022 CPK, J & Dr. KMR, J C.R.P.No.199 of 2022

Notice before admission.

Learned counsel for the petitioner is also permitted to take out personal notice to the respondents by Registered Post with Acknowledgment Due and file proof of service in the Registry.

I.A.No.1 of 2022

The short point that arises for consideration is when two trademarks registered by two parties are in dispute, the proper course for filing the suit would be at the place where the defendant carries on business. In support of his plea, learned counsel for the petitioner relies on the judgments of Delhi High Court in LT Foods Limited v. Heritage Foods (India) Limited (2013 SCC Online Del 4655), Shri Krishan Industries v. Kimti Lal Sharma (2009 SCC Online Del 286) and also the judgment of the Gauhati High Court in Vijay Industries v. Vijay Solvex Ltd ((2014) Gauhati Law Reports 688). Learned counsel brings to the notice of the Court the judgment of the Hon'ble Supreme Court in Dahiben v. Arvindbhai Kalyanji Bhanusali (Gajra) Dead through legal representatives ((2020) 7 SCC 366) in support of his plea.

As the issue requires consideration, there shall be interim stay of all further proceedings in C.O.S.No.2 of 2021 on the file of the Court of the Special Judge for Trial and Disposal of Commercial Disputes, Visakhapatnam, for a period of three (3) weeks.

List on 02.03.2022.

_________________ CPK, J

_________________ Dr. KMR, J Note: Issue CC tomorrow (B/o). Ivd