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2017 (3) TMI 1552 - Tri - Insolvency and BankruptcyArbitration proceedings - proceedings for execution of the award - Appeal under section 37 of the Arbitration Act is pending - Held that:- Where an issue is already pending adjudication between the same parties, in a Court having jurisdiction to adjudicate upon the same, a subsequently instituted suit on the same issue between the same parties, cannot be allowed to proceed. A similar question arises for consideration before this Court, in the present controversy. If the respondents in their capacity as "any person interested", had filed a "revocation petition" before the institution of an "infringement suit", they cannot be permitted to file a "counter-claim" on the same cause of action. The natural conclusion in the above situation would be, the validity of the grant of the patent would have to be determined in the "revocation petition". Therefore, in the above situation, while the "revocation petition" will have to be permitted to be pursued, the "counter-claim" cannot be permitted to be continued. Therefore, in the above eventuality, it is apparent that the situation would be resolved, in the same manner, as it would have been resolved in cross-suits filed by the rival parties, before different jurisdictional courts. In our considered view, the above conclusion is imperative for a harmonious interpretation of the relevant provisions of the Patents Act." In view of the above we do not feel the necessity of expressing our views on the other issues which are left open. Accordingly we hold that application does not warrant admission and the same is dismissed with cost of ₹ 1,00,000/- (Rs. One Lac).
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