G R MOOLCHANDANI,J. - (1.) S.B. Civil Second Stay Application No.19062/2019 This writ petition has been filed against the order dated 14.11.2019 passed by Rajasthan State Commercial Court No. 2, Jaipur in Civil Suit/CIS No. 3/2018 (CS No: 345/2017) whereby application filed under Section 151 of CPC read with Section 64 of Patents Act 1970 by the petitioner, defendant No. 1 in the said suit, has been dismissed.
(2.) Since during the pendency of the first stay application, second stay application has been preferred, so first application is being ignored and the second one is being adjudicated.
(3.) It has been contended by learned counsel for the petitioner that a challenge has been made under Section 64 of the Patents Act for revocation of patent I.N.248740 and to check contradictory judgments, it is imperative that proceedings pertaining to Civil Suit in connection with Patents rights, sub judice before the Commercial Court, be stayed. Learned counsel, while referring Section 104, Section 25(2) and Section 64 of Patents Act, has vigorously argued that rights conferred under Section 64 of Patents Act are exclusive and can be availed at any time by the aggrieved party, in event if no counter-claim has been preferred, nevertheless, raising defence of the said grounds, agitated for revocation of the patent but court below has faulted in passing the order impugned dated 14.11.2019 and has not appreciated the law properly, even number of the case and authority of the Supreme Court referring paras of the judgments, quoted, have got no relevance and are erroneous, even Section 25(2) of the Patents Act has no applicability in the case of the present petitioner's matter since petitioner has moved before the Intellectual Property Appellate Board under the provisions of Section 64 of Patents Act, which is an exclusive right without any limitation and in event if the proceedings are continued and a revocation order is passed and another kind order is passed by the Commercial Court, then it will manifestly be a flaw and dual orders could emerge, so the proceedings before the Commercial Court be stayed, reliance has been placed on the judgment rendered by Supreme Court in Aloys Wobben and Another v. Yogesh Mehra and Others (2014) 15 SCC 360.;