As per case facts, the First Respondent filed a petition to rectify/remove Applicant's trademark, claiming prior use and registration of a similar mark. This rectification petition was filed while infringement ... suits between the same parties were pending in Delhi courts, where no specific issue regarding the invalidity of the Applicant's registered trademark had been framed. The Applicant sought dismissal of the rectification petition, arguing it was not maintainable without such a framed issue from the civil court. The question arose whether a rectification petition could be prosecuted when civil suits for infringement were pending, and the civil court had not framed a triable issue on the invalidity of the registered trademark. Finally, the Court ruled that in the absence of the civil court framing a triable issue on the invalidity of the registered trademark, the rectification petition cannot be maintained and must be dismissed. It clarified that the First Respondent could reapply if they persuade the civil court to frame such an issue in the pending suits, emphasizing that validity should be decided in rectification, not the infringement suit.