BHARAT BHOGILAL PATEL Vs. ALLFLEX INDIA PRIVATE LIMITED

JUDGEMENT

(1.) By order dtd. 25/7/2023 this Court had granted leave to the Defendant to file Application under Order XIII A of the Code of Civil Procedure, 1908 as well as the Registry was directed to allow conversion of the Suit into Commercial IPR Suit as submission had been made by the Applicant that inadvertently the Suit was filed as regular Suit.

(2.) The Suit has come up today alongwith companion Suits. The learned Counsel appearing for the Defendant states that the Registry has till date not allowed the conversion of the Suit into the Commercial IPR Suit. Hence, the Application under Order XIII A of the Code of Civil Procedure, 1908 for which leave had been granted cannot be taken out by the Defendant.

(3.) In view thereof, the Registry is directed to allow the conversion of the Suit into Commercial IPR Suit forthwith.