The Suit filed by the Plaintiff and the cancellation petition filed by the Defendant against registered Trademark of the Defendant were listed together in Court.

The Plaintiff submitted that the rectification petition filed by Bardhaman Agro Products needs to be heard first, as per the judgment in the case of Mr. Amrish Aggarwal Trading as Mahalaxmi Product vs. Venus Home Applicances Pvt. Ltd. & Anr.

The defendant (Bardhaman Agro Products has submitted that the plaintiff ( Kirorimal Kashiram Mkt. and Agencies) has filed additional documents that are part of both the rectification petition and the suit, and hence evidence needs to be carried out for these documents. he plaintiff (Kirorimal Kashiram Mkt. and Agencies) has disputed this contention.

The main issue is whether the rectification petition filed by Bardhaman Agro Products should be heard first before the main suit, CS(COMM) 182/2018.

The court decided that the rectification petition needs to be heard first, based on the judgment in the case of Mr. Amrish Aggarwal Trading as Mahalaxmi Product Versus Venus Home Applicances Pvt. Ltd. & Anr.

Case Citation: Bardhman Agro Vs Kirorimal Kashiram: 22.07.2024: C.O. (COMM.IPD-TM) 16/2022:Delhi High Court: Mini Pushkarna H.J.


Disclaimer:
The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539