Facts:

• The Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. (Plaintiff) claimed to be the exclusive licensee of Indian Patent No. 189089 concerning a "Method and Device for Preventing/Protecting Electrical Transformer against Explosion and Fire."
• Mr. Kumar Pratap Anil, Defendant No.1 served as the Managing Director of CTR Manufacturing Industries Limited.CTR Manufacturing Industries Limited (Defendant No.2), was an entity engaged in the manufacture and marketing of Engineering and Electronic products, including transformers. This Defendant had locations in Pune, Maharashtra, and New Delhi.
• Mr. Phillipe Magnier (Defendant No.3), the patentee of the suit patent, included as a proforma defendant as per Section 109(2) of the Indian Patents Act, 1970.
• The Plaintiff learned on June 29, 2010, that Defendant No. 2 submitted a bid for a tender issued by NDPL, offering Plaintiff's products.The Plaintiff thereafter, filed the suit seeking a permanent injunction to restrain the infringement of the registered Indian Patent No. 189089, along with claims for damages, rendition of accounts, and delivery, among other remedies.
• While the suit was pending before the court, Defendant No.2 had filed the present I.A. No.16042/2010 on the ground that the suit was not maintainable in law or on facts.

Background/ Procedural Posture:

• The Plaintiff registered the license deed with the Indian Patent Office, Kolkata, on 15th March 2010.
• An infringement suit was filed in February 2006 in Kolkata by Sergi Holding and the original patent owner against Defendant No.2, claiming Sergi Holding was the exclusive licensee of the suit patent.
• The High Court of Calcutta refused to grant an interim injunction against Defendant No.2 in the suit filed by Sergi Holding and the original patent owner, which was later withdrawn.

Main Issue:

Does the exclusive licensee have rights equivalent to those of a patentee for initiating legal action regarding the subject matter of the patent post-licensing, including the authority to pursue infringement claims?