I signed an agreement on stamp paper of Rs. 100 for assignment of a Trademark registered in my name. As per the agreement the assignee was suppose pay Rs. 1 crore in four quarterly installments Rs.25 lac each. After receipt of fourth installment I was suppose to transfer the title in the name of buyer. For non receipt of full payment I refused to transfer Trademarks in the name of buyer. But the buyer started claiming right and ownership on the basis of agreement and filed TM-P before Trademark registry for trademark registration in his name and started using the trademark that was immediately opposed by me by filing interlocutory petition before Trademark Registry. Immediately after that, on the basis of the same agreement, he filed a suit for infringement against me in the court that he subsequently withdrawn. When I filed a suit for infringement of my trademarks he filed another suit in the same court for specific performance of the agreement and praying before the court to declare him proprietor of the Trademark.
My questions are:
(1) Is the agreement on stamp of Rs. 100 is admissible as an evidence of his owner ship of Intellectual Property worth Rs. 1 Crore under Indian stamp Act ?
(2) Is the maintainability of suit for specific performance is challengeable in application of 7(11) on the ground that his TM-P is pending before the the Trademark Registry and unless that is decided he as no ground to appear before this court with a prayer of specific performance of agreement.
(3) When civil proceeding is pending can I go for private criminal complaint for using my brands without proper assignment proceedings