LOW HEAT DRIERS PVT. LTD Vs. BIJU GEORGE

JUDGEMENT

(1.) Has the District Court dealing with the patent matter, jurisdiction to consider interlocutory applications filed in the case, once it decides that the case should be transferred to the High Court under proviso to S.104 of the Patent Act That is the question that arises for decision in the case.

(2.) Petitioner is the plaintiff. In answer to the plaint claim the defendants filed written statement and counter claim seeking revocation of the patent on 1.7.1999. Thereafter, the petition in which the impugned order was passed was filed by the defendants seeking transfer of the case to the High Court. That petition was allowed. While doing so the Court further held that it cannot dispose of the injunction petition filed earlier for want of jurisdiction and that the petition might also be sent over to this Court for necessary further action.

(3.) Learned counsel for the petitioner contended that the direction that the case should be transferred does not mean that the court loses its jurisdiction to consider pending petitions and that the Court should have ordered transfer only after disposal of the interlocutory applications filed in the case.