72. Where under this Act an applicant has the option of making an application either to the High Court Division or to the Registrar,-(a) if any suit or other proceedings concerning the trade mark in question is pending before the High Court Division or a District Court, the application shall be made ¹[to the High Court Division];(b) if in any other case the application is made to the Registrar, the Registrar may, if he thinks fit, refer the applica┬¼tion at any stage of the proceedings to the High Court Division.