[2025:RJ-JP:1162] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10818/2023 Mr. Peter Fanning, Chief Executive, The Chartered Institute Of Taxation, 1St Floor, Artillery House, 11-19 Artillery Row, London, Swip Irt, United Kingdom ----Petitioner-Defendant No.2 Versus 1. M/s. Institute Of Chartered Tax Advisers Of India Limited, Through Director Shri Tarun Kumar Jain, Registered Office A-45, New Jawahar Nagar, Kota (Rajasthan) ...Respondent No.1-Plaintiff 2. Union Of India, Through Secretary, Ministry Of Commerce And Industry, Govt. Of India, New Delhi. Respondent No.2-Defendant No.4 3. Mr. Bill Dodwell, President, The Chartered Institute Of Taxation, 1St Floor, Artillery House, 11-19 Artillery Row, London, Swip Irt United Kingdom. Proforma Respondent No.3-Defendant No.1 4. Mr. Bill Dodwell, President/ Mr. Peter Fanning- Chief Executive, The Chartered Institute Of Taxation Through Ms. Komal Kaul, Attorney Code No. 316 Zeusip, New Delhi, C/o Zeusip Advocates, C-4, Jangpura Extension, New Delhi-110014. Proforma Respondent No.4-Defendant No.3 For Petitioner(s) : Mr. R.N. Mathur Sr. Adv. assisted by Mr. Nitish Kumar Bagri Ms. Shretima Bagri Mr. Ashutosh Mr. Hariom Vyas For Respondent(s) : Mr. G.D. Bansal Mr. Pawan Pareek Mr. Dharmendra Kumar Gupta HON'BLE MR. JUSTICE SUDESH BANSAL Order 08/01/2025 [2025:RJ-JP:1162] (2 of 3) [CW-10818/2023] 1. Heard learned Senior Counsel for the petitioner-defendant as also the counsel appearing for the respondent-plaintiff and perused the record including the order impugned dated 30.05.2023. 2. By the order impugned, the Commercial Court, Kota has rejected the application filed by the petitioner-defendant under Section 124 of the Trade Marks Act, 1999. 3. It is undisputed position that in the present commercial suit, in furtherance to the order dated 23.01.2023 passed by the High Court an additional issue to the following effect has already been framed as:- "What is the effect of the pending application of defendant, under Section 57(2) of the Trade Marks Act, 1999 before the High Court of Gujarat, on the proceedings of present suit and counter claim?" 4. This Court is of considered opinion that the aforesaid issue impliedly includes the scope of Section 124 of Trade Marks Act as well and this issue is yet to be considered and decided by the Commercial Court. 5. In that view of the matter, learned Senior Counsel appearing on behalf of the petitioner-defendant has prayed that the Commercial Court may be directed to decide the aforesaid issue as preliminary issue, that too without being prejudiced by the order impugned, whereunder his application under Section 124 of the Trade Marks Act has been rejected and with such observations the instant writ petition may be disposed of. 6. Learned counsel appearing on behalf of the respondent- plaintiff, has no objection, if the aforesaid issue is considered and [2025:RJ-JP:1162] (3 of 3) [CW-10818/2023] decided on its own merits as preliminary issue by the Commercial Court. 7. Counsel for both the parties admits that the material available on record is sufficient to decide the aforesaid issue as preliminary issue and no additional document/ evidence is required to be produced by the parties. 8. In view of above, without entering into the merits/ demerits of the order impugned, the interest of justice would be served by disposing of the instant writ petition with liberty to the petitioner- defendant to make a prayer before the Commercial Court to decide the aforesaid issue as preliminary issue. In case, any such prayer is made, it is hereby directed that the Commercial Court would consider such prayer and proceed to decide the issue as preliminary issue on merits as per material already available on record, but without being influenced by the rejection of application under Section 124 of the Trade Marks Act. 9. Accordingly, the instant writ petition stands disposed of. 10. Any other pending application(s), if any, stands disposed of. (SUDESH BANSAL),J SOURAV /70