Debangsu Basak, J. - (1.) By this application, the defendants have applied for dismissal of the suit.
(2.) Learned Advocate appearing for the defendant has submitted that, leave under Clause 14 of the Letters Patent, 1865 has not been granted. Though the plaintiff has claimed reliefs with regard to infringement of a registered trade mark, the plaintiff has not claimed anything with regard to passing of. Referring to ( S. Syed Mohideen v. P. Sulochana Bai , 2016 2 SCC 683) he has submitted that, a suit for infringement of registered trade mark, as against a defendant who also possess a registered trade mark is not maintainable. He has relied upon ( Jagdish Gopal Kamath & Ors. v. Lime and Chilli Hospitality Services P. Ltd. , 2013 4 MhLJ 627) and submitted that, leave under Clause 14 of the Letters Patent, 1865 is a discretionary exercise. In the facts of the present case, no leave under Clause 14 of the Letters Patent, 1865 has been granted and should be granted.
(3.) Learned Advocate appearing for the plaintiff has relied upon ( Siyaram Silk Mills Limited v. Shree Siyaram Fab Private Limited & Ors. , 2013 53 PTC 410 (Bombay)), ( Sun Pharma Laboratories Ltd. v. Lupin Ltd. & Anr. , 2018 74 PTC 103 (Delhi)) and ( Shambhu Nath & Brothers & Ors. v. Imran Khan , 2018 76 PTC 365) and submitted that, the plaintiff has claimed relief on account of infringement of registered trade mark as well of passing of. Therefore, the suit is maintainable.;