1. Heard learned counsel appearing for the petitioners and learned Senior
Counsel appearing for respondent No.1.
2. The present Transfer Petition has been filed under Section 25 of the
Code of Civil Procedure, 1908 (for short “CPC”) seeking transfer of
CS/2/2025 titled as “Amit Arora Vs. Hamilton Houseware Pvt. Ltd. & Anr.”,
pending on the file of the District and Sessions Judge, Charkhi Dadri, Haryana
to the High Court of Delhi contending inter alia that petitioner No.2 is the
registered proprietor and petitioner No.1 is permitted user of the trademark
“MILTON” which has been used since 1971 by the predecessor in title of
petitioner(s) in respect of housewares and kitchenware products including
domestic containers, flask, water jugs, water bottles etc. It is also contended
that there are about six suits already pending on the file of the Delhi High
Court between the same parties and as such in the interest of both the parties
as also it would be convenient to both parties to effectively defend themselves
it would be just and necessary that the matter pending before District Court,
Haryana be transferred to Delhi High Court to avoid any conflicting decisions
being rendered.