Published on: January 21, 2024 at 15:50 IST
Court: High Court of Delhi
Citation: Eris Lifesciences Ltd. V. Controller of Patents (2023)
Honourable High Court of Delhi has held that the power to transfer of the civil cases from one state to another state vests with the Hon’ble Supreme Court of India under Section 25 of the Code of Civil Procedure, 1908. It is held that the High Court of a State has power to consolidate proceedings relating to the similar object, however such power does not extend beyond the territorial jurisdiction of the High Court. It is held that Hon’ble Supreme Court is having powers to consolidate the proceedings as pending before various courts across India.
12. Usually if a revocation petition and a suit for infringement are filed before this Court, the proceedings are consolidated. Even if the suit for infringement is before a Commercial Court, upon the raising of issues relating to invalidity, the matter is transferred to the High Court in view of Section 104 of the Patents Act, 1970.
13. Powers of consolidation under Rule 263 can be exercised by the Intellectual Property (‘IP’) Division of this Court, to consolidate proceedings relating to the same IP asset, provided they are pending either before the IP Division or before any of the Commercial Courts in Delhi. Such power does not extend beyond the territorial jurisdiction of the Delhi High Court.
14. However, what is being sought in the present application is transfer of the revocation petitions pending before the Delhi High Court to the High Court of Himachal Pradesh. Such a prayer is completely untenable, inasmuch as this Court cannot exercise power to transfer proceedings between two separate High Courts. The said power of transfer between two High Courts, can only be exercised in terms of Section 25 CPC, by the Supreme Court only. Prayer (a) in both the applications is, therefore, unsustainable and is rejected.
Drafted By Abhijit Mishra