Delhi High Court
Atcom Technology Co Ltd vs Rahul Gupta And Ors & Ors. on 25 August, 2022
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 61/2022
ATCOM TECHNOLOGY CO LTD ..... Petitioner
Through: Mr. Abhishek Chandra Mishra, Mr.
Anuraj Tirthankar, Ms. Janhvi
Chadha, Ms. Preeta Panthaki and Ms.
Atiga Singh, Advs.
versus
RAHUL GUPTA AND ORS & ORS. ..... Respondents
Through: Ms. Rajeshwari and Mr. Deepanshu
Nagar, Advs.
% Date of Decision: 25th August, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CM APPL. 36836/2022 (exemption)
Exemption is allowed subject to all just exceptions.
TR.P.(C.) 61/2022
1. This is a transfer petition under Section 24 of the CPC read with Rule 26
of Delhi High Court Intellectual Property Rights Division Rules, 2022
for seeking transfer and consolidation of suit titled as "Atcom
Technology Ltd. v. Rahul Gupta &Ors." bearing no. CS (Comm.) no.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:26.08.2022
16:24:52
179/2020 and Rectification Petition titled as "Atcom Technology Ltd. v.
Rahul Gupta &Anr." bearing no. C.O. (COMM IPD-TM) 188/2022,
along with the supporting documents.
2. It has been submitted that the CS (Comm.) no. 179/2020 titled as
"Atcom Technology Ltd. v. Rahul Gupta &Ors." is pending in the
Court of Learned District Judge (Commercial Courts),
East/Karkardooma District.
3. It has been submitted that a Rectification Petition bearing no. C.O.
(COMM IPD-TM) 188/2022 titled as "Atcom Technology Ltd. v. Rahul
Gupta &Anr." has been currently transferred from the IPAB and is
pending before Learned Joint Registrar, Delhi High Court, New Delhi.
4. Learned counsel for the petitioner submits that after abolition of IPAB,
the Rectification Petition has been transferred from there and shall be
now listed before the Intellectual Property Rights Division of this Court
in Accordance with the Delhi High Court Intellectual Property Rights
Division Rules, 2022.
5. Learned counsel for the petitioner has further submitted that both the
matters are pertaining to copyright trademark, passing off, acts of unfair
competition and adjudication of rights thereunder, hence fall withing the
ambit of "IPR subject matters" as defined in Section 2 (i), IPD Rules,
2022.
6. Issue notice.
7. Mr. Deepanshu Nagar, learned counsel accepts notice on behalf of the
respondent.
8. Learned counsel for the respondent submits that both the matters
Rectification Petition bearing no. C.O. (COMM IPD-TM) 188/2022 and
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:26.08.2022
16:24:52
suit bearing no. CS (Comm.) no. 179/2020 are „Intellectual Property
Rights subject matters‟ within the meaning of Section 2 (i), IPD Rules,
2022 and are commercial matters over which IPD of the Court
exercises the jurisdiction.
9. Learned counsel submits that in the interest of justice, the suit bearing
no. CS (Comm.) no. 179/2020 pending in the Court of Learned District
Judge (Commercial Courts), East/Karkardooma District may be
withdrawn and transfer to this Court.
10. Since both the matters Rectification Petition bearing no. C.O.
(COMM IPD-TM) 188/2022 and suit bearing no. CS (Comm.) no.
179/2020 are both Intellectual Property Rights subject matters within the
meaning of Section 2 (i), IPD Rules, 2022 and are commercial matters
over which the IPD of this Court exercises the jurisdiction, the suit
bearing no. CS (Comm.) no. 179/2020 is withdrawn from the Court of
Learned District Judge (Commercial Courts), East/Karkardooma District
and is assigned to this Court.
11. Let the copy of the order be sent to the learned Principal, District and
Sessions Judge, East/Karkardooma District.
12. Learned District Judge (Commercial Courts), East/Karkardooma
District is directed to transfer the record of the case to this Court.
13. Parties are directed to appear before the learned Registrar General of
this Court on 7th September, 2022.
DINESH KUMAR SHARMA, J
AUGUST 25, 2022
Pallavi
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:26.08.2022
16:24:52
