applicant/defendant under Section 57 of the Trademarks Act, seeking rectification of the respondents/plaintiffs' registered trademark "Village Ticket", the same cannot be curtailed. Whether the applicant/defendant came to know about the registration of trademark "Village Ticket" prior to filing of the suit or not, is a matter of evidence. The applicant/defendant has got every right to exercise statutory remedy under the provisions of Trademarks Act to rectify the plaintiffs/respondents' registered trademark "Village Ticket" before the I.P. Division of this Court. Then, it is for the I.P Division of this Court /Special Bench of this Court to decide as to whether the applicant/defendant is entitled to get the relief or, not. As it is mandatory that the leave of the Court has to be obtained where a suit for infringement of a trademark is pending, this Court is of the considered view that the right of a party to exercise statutory remedy, is clearly for the rectification of the registered trademark, which is mandatory. The statutory remedy is available under the Trademark Act for rectification of the respondents/plaintiffs' registered trademark "Village Ticket". This Court is of the opinion that the applicant/defendant has got every right to approach the I.P Division of this Court to invoke his right under Section 124 of Trademarks Act. The object of Section 124 of Trademark Act is that when a party to the suit seeks for rectification of the registered trademark ,if they are able to primafacie satisfy the Court on the grounds raised for rectification of the registered trademark and further, as already stated, the applicant/defendant, in his written
