Can interim relief be granted if a suit is stayed in light of a pending rectification action?
The short answer is – yes. As per Section 124 of the Trade Marks Act, 1999, when rectification proceedings are pending, the suit has to be stayed, pending final disposal of the rectification proceedings. However, as per sub-section (5), a stay cannot preclude the Court from making any interlocutory order (including any issuing any order […]
