1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 718 OF 2024 Innovative Healthcare (India) Pvt. Ltd. ... Petitioner Versus Innovative Health Care ... Respondent O R D E R 1. This Transfer Petition purported to have been filed under Article 139A(2) of the Constitution of India read with Section 25 of the Code of Civil Procedure (for short, ‘the Code’) is with a prayer that the Trade Mark Suit No. 12 of 2023 titled as “ Innovative Healthcare Vs Innovative Healthcare (India) Pvt. Ltd. ” pending before the District Court of Ahmedabad be transferred to the Madras High Court. 2. The submission is that since one Civil Suit (Commercial Division) No. 33 of 2023 is already pending before the Madras High Court between the same parties, the Trade Mark Suit No. 12 of 2023 be also transferred from Ahmedabad to Madras. 3. The respondent has no objection in this regard. 4. In such circumstances, the relief as prayed for in paragraph 6.1 of the Transfer Petition is granted.
2 5. The Suit stands transferred from the District Court of Ahmedabad to the Madras High Court. 6. Pending applications, if any, stand disposed of. …...…...….......………………....… ..J. [J B Pardiwala] …...…...….......………………....… ..J. [Ujjal Bhuyan] New Delhi; July 03, 2024 GKA
3 ITEM NO.6 COURT NO.16 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 718/2024 INNOVATIVE HEALTHCARE(INDIA) PVT. LIMITED Petitioner(s) VERSUS INNOVATIVE HEALTH CARE Respondent(s) (FOR ADMISSION) Date : 03-07-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE UJJAL BHUYAN (VACATION BENCH) For Petitioner(s) Mr. Arun C. Mohan, Adv. Mr. S. Santanam Swaminadhan, Adv. Ms. Abhilasha Shrawat, Adv. Mr. Kartik Malhotra, Adv. Mr. Darsh Bansal, Adv. Mr. Anindit Mandal, Adv. Ms. Shruthi Srinivasan, Adv. Mrs. Aarthi Rajan, AOR For Respondent(s) Mr. Nitesh Ranjan, AOR UPON hearing the counsel the Court made the following O R D E R 1 The transfer Petition is allowed in terms of the signed order. 2 Pending applications, if any, stand disposed of. (GULSHAN KUMAR ARORA) (POOJA SHARMA) AR-CUM-PS COURT MASTER (NSH) (Signed order is placed on the file)
ITEM NO.64 REGISTRAR COURT. 1 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. APARNA AJITSARIA Transfer Petition(s)(Civil) No(s). 718/2024 INNOVATIVE HEALTHCARE(INDIA) PVT. LIMITED Petitioner(s) VERSUS INNOVATIVE HEALTH CARE Respondent(s) (FOR ADMISSION ) Date : 17-05-2024 This petition was called on for hearing today. For Petitioner(s) Mr. Arun C. Mohan, Adv. Mr. S. Santanam Swaminadhan, Adv. Ms. Abhilasha Shrawat, Adv. Mr. Kartik Malhotra, Adv. Mr. Darsh Bansal, Adv. Mr. Anindit Mandal, Adv. Ms. Shruthi Srinivasan, Adv. Mrs. Aarthi Rajan, AOR For Respondent(s) Mr. Ishaan Chawla, Adv. Mr. Aditya Swarup Agarwal, Adv. Mr. Shubham Raj, Adv. Mr. Nitesh Ranjan, AOR UPON hearing the counsel the Court made the following O R D E R Ld. counsel, appearing on behalf of Mr. Nitesh Ranjan, Advocate-on-record for the sole respondent submits that they do not want to file counter affidavit as they do not have any objection if the prayer in the Transfer Petition is allowed. Submission is taken on record. Registry to process the matter for listing before the Hon’ble Court, as per rules. APARNA AJITSARIA Registrar
ITEM NO.1621 COURT NO.6 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (C) No. 718/2024 INNOVATIVE HEALTHCARE(INDIA) PVT. LIMITED Petitioner(s) VERSUS INNOVATIVE HEALTH CARE Respondent(s) (FOR ADMISSION and IA No.64207/2024-EX-PARTE STAY ) Date : 18-03-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Arun C. Mohan, Adv. Mr. S. Santanam Swaminadhan, Adv. Ms. Abhilasha Shrawat, Adv. Mr. Kartik Malhotra, Adv. Mr. Darsh Bansal, Adv. Mr. Anindit Mandal, Adv. Mr. Shruthi Srinivasan, Adv. Mrs. Aarthi Rajan, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner brings to the notice of this Court that the Suit filed on the same issue by the petitioner herein, before the High Court of Madras, is prior in point of time. In that view, issue notice to the respondent. In the meantime, there shall be interim stay of further proceedings in Civil Suit (Trade Mark) No. 12 of 2023 titled “Innovative Healthcare Vs. Innovative Healthcare (India) Pvt. Ltd.”, pending before the District Court of Ahmedabad. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR