Bombay High Court
Petrofer Chemie H R Fischer Gmbh And Co Kg ... vs United Petrofer Limited, on 12 May, 2026
1-IA-1232-2026 (OS).DOCX
Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1232 OF 2026
IN
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS NO.
275 OF 2021
Petrofer Chemie H R Fischer Gmbh And Co Kg And Anr. ...Applicant
Versus
United Petrofer Limited. ...Respondent
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Mr. Ashutosh Kane and Ms. Maitri, Asher, i/b W.S. Kane & Co., for
Applicant.
Mr. Madan Gupta, a/w Adv. S. Singh, for Respondents.
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CORAM : ADVAIT M. SETHNA, J.
DATED : 12 MAY 2026 P.C.:- (VACATION COURT)
1. Heard learned counsel for the parties. With their assistance, I have perused the said Interim Application, and the Affidavit of Compliance filed by the Respondents in the Interim Application, particularly paragraph 4 thereof. In the said paragraph, the Applicant has stated that the Registrar of Companies (ROC) has granted approval for the proposed change of name of the Applicant Company to "Kronex Additives Limited" vide letter dated 9 Page 1 of 4 ::: Uploaded on - 12/05/2026 ::: Downloaded on - 12/05/2026 20:44:35 ::: 1-IA-1232-2026 (OS).DOCX May 2026. The Applicants are in the process of effecting the said name change in accordance with law.
2. In this regard, learned counsel appearing for the Respondent has taken the Court through the affidavit of compliance and the documents from page 10 onwards, which include the correspondence made by the Applicant with the Ministry of Corporate Affairs. More particularly, the documents at Exhibit "C", addressed to the Government of India, Ministry of Corporate Affairs. This to indicate that the application for change of name would be allowed subject to compliance with Sections 4(2), 4(3), and other applicable provisions of the Companies Act, 2013.
3. Mr. Kane, learned counsel appearing for the Applicant, has invited the attention of the Court to the order dated 30 April 2026, which is pivotal to the present proceedings. He has also referred to the order dated 6 November 2025 passed by the learned Single Judge of this Court, which had not been complied with by the Respondents.
4. In this regard, Learned Counsel appearing for the Respondents submits that the Respondents have accepted the order dated 6 November 2025, pursuant to which the affidavit of compliance has been filed before this Court.
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5. Mr. Kane has specifically invited the attention of the Court to paragraph D of the said order dated 6 November 2025, wherein the Court, inter alia, observed that since the Respondent (Defendant) is admittedly using "unitedpetrofer.com" as the Defendant's domain name, the same constitutes infringement of the Plaintiff's trademark. Accordingly, the Court was of the prima facie view, based on the material relied upon, that the Defendant's assertion that it is not using "PETROFER" as a trademark cannot be accepted.
6. In view of the above observations, and considering that the Respondents in the Interim Application have accepted the order dated 6 November 2025, the same is required to be complied with in letter and spirit.
7. Learned counsel for the Respondents, on instructions, states that the said domain name "unitedpetrofer.com", which constitutes to appear on the website of the Respondents, shall cease to be used in any form and/or manner whatsoever by the end of the day, i.e., by 5:00 p.m. tomorrow, 13 May 2026. Such statement is accepted as an undertaking to this Court in compliance with the order dated 6 November 2025.
8. At this stage, Mr. Kane has expressed some apprehension considering Page 3 of 4 ::: Uploaded on - 12/05/2026 ::: Downloaded on - 12/05/2026 20:44:35 ::: 1-IA-1232-2026 (OS).DOCX the past conduct of the Respondents. Be that as it may, on the assurance of learned counsel for the Respondents on instructions, and on the basis of the said undertaking as recorded above, this Court is hopeful that the orders of the Court shall be scrupulously complied with.
9. Parties to act on authenticated copy of this order.
10. With the above directions, place the matter on 15 May 2026 for Compliance.
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