Gujarat High Court
International Society For Krishna ... vs Iscon Fitness Center on 11 July, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/256/2024 ORDER DATED: 11/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 256 of 2024
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INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS (ISKCON)
TEMPLE
Versus
ISCON FITNESS CENTER
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Appearance:
DR RAJESH H ACHARYA(2233) for the Appellant(s) No. 1
MR MOHAMMEDUMER M SHAIKH(13195) for the Appellant(s) No. 1
MR ZK SHAIKH(5804) for the Appellant(s) No. 1
MR. BRIJESH V. PARMAR (14445) for the Appellant(s) No. 1
MS JAGRUTI V BHAVSAR(6616) for the Appellant(s) No. 1
MS POOJA O ACHARYA(9849) for the Appellant(s) No. 1
MS. DRASHTI S VARMORA(14323) for the Appellant(s) No. 1
N K NAYAK(7471) for the Appellant(s) No. 1
OMKAR R ACHARYA(9094) for the Appellant(s) No. 1
MR RUTUL P DESAI(6498) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 11/07/2025
ORAL ORDER
1. Today, an affidavit has been filed by the appellants as ordered on 27.06.2025, in response to the affidavit of the respondent. This Court has perused both the affidavits. The respondent in his affidavit has stated that he was running the fitness center in the name and style of Iscon Fitness Center at the address as mentioned in the cause title. Now, presently the respondent has closed / shut down the unit on account of lack of Page 1 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 22:09:27 IST 2025 NEUTRAL CITATION C/FA/256/2024 ORDER DATED: 11/07/2025 undefined commercial liability and according to the respondent, in that circumstances, the cause for the appellant does not survive and therefore has made a prayer to dispose of the appeal.
2. The respondent has further in the affidavit has stated that the present affidavit may not be treated as an admission or be considered adverse to the respondent as purely filed with the understanding that both the parties would not use the present affidavit for the consent given for the disposal of the present appeal, in any other litigations, and those on going litigations will be decided on its own merits independently.
3. Countering the same, the appellants have stated that the appellants are the first adopter of Iscon, user and registered proprietor of trade mark which is used for the religious and spiritual activities since 1971 duly registered under Page 2 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 22:09:27 IST 2025 NEUTRAL CITATION C/FA/256/2024 ORDER DATED: 11/07/2025 undefined Bombay Public Trust Act. The suit which was filed is for Declaration, Permanent and Perpetual Injunction against the respondent for the reliefs as prayed for restraining infringement of trade mark, passing off, infringement of accounts etc.
4. The appellants states that they would be prejudiced if the respondent does not undertake not to use the impugned mark in future and will not file any application for registration of any trade mark and refrain from challenging the appellant's right to the trade mark either directly or indirectly. The appellants therefore state that they cannot be compelled to accept the terms and conditions unilaterally imposed by the respondent if the appellants find the infringement not conducive.
5. The present appeal has been filed challenging the judgment dated 25.08.2023 passed by the Page 3 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 22:09:27 IST 2025 NEUTRAL CITATION C/FA/256/2024 ORDER DATED: 11/07/2025 undefined Additional District Judge, Ahmedabad (Rural) at Mirzapur in TM Suit No. 5/2013. The Suit had not been decided on merits. The dismissal of the suit was under the provision of Order 17, Rule 3 of the C.P.C. 1908. The observation of the learned Judge had brought the challenge in the present appeal.
6. This Court at present has not gone into the merits of the matter. Since the respondent has affirmed through the affidavit that he has closed down the unit on account of lack of commercial liability and that he at present have no interest in continuing with the present business in the name and style of Iscon fitness center, in view of the fact the continuation of the suit or appeal would render no scope for either of the parties and it would be a futile exercise for continuation of this present appeal.
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NEUTRAL CITATION C/FA/256/2024 ORDER DATED: 11/07/2025 undefined
7. However, taking into consideration, the affidavit of the appellant and the rights which are yet not decided on merits of the case, it would be in the interest of the parties that if at all any adverse comes to the knowledge of the appellant they should have the right to agitate the same.
8. Both the parties have not admitted to any of the averments made in the affidavit with regard to the rights which are kept open to be decided as and when necessary, if necessity revives.
9. In view of the above, the present First Appeal is disposed of as settled since the cause does not survive in terms of the affidavit since the respondent has closed down the unit however the right is reserved in favour of the appellants to revive the present appeal in case of any change of circumstances or any new facts comes Page 5 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 22:09:27 IST 2025 NEUTRAL CITATION C/FA/256/2024 ORDER DATED: 11/07/2025 undefined to the knowledge of the appellants. In view of the same, the First Appeal is disposed of.
(GITA GOPI,J) MAYA Page 6 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 22:09:27 IST 2025