Gujarat High Court
Bhavnagar Food Products vs Bhavnagar Spices And Hing on 20 April, 2026
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/5276/2026 ORDER DATED: 20/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5276 of 2026
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BHAVNAGAR FOOD PRODUCTS
Versus
BHAVNAGAR SPICES AND HING & ANR.
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Appearance:
MR PARTH B THUMMAR(13122) for the Petitioner(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 20/04/2026
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Additional affidavit filed today is taken on record.
2. By means of the present petition, invoking extraordinary jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner would seek a direction to the Commercial Court for early disposal of the application filed under Order XXX1X Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code' 1908') seeking temporary injunction in the suit in the Commercial Suit namely, Commercial Trade Mark Civil Suit No.1 of 2021, which has been filed with the relief of trade mark infringement and passing off against the defendants.
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3. By means of the order-sheet - Rojkam placed on record along with the additional affidavit filed today, it was demonstrated before us that the application under Order VII Rule 11 of the Code' 1908 was filed by the defendant on 26.04.2022.
4. The learned Counsel for the petitioner has invited attention of the Court to the repeated transfer of the matter from one Court to another Court in the month of May of each year. It is demonstrated before us that the application under Order VII Rule 11 of the Code' 1908, was heard thrice. Two Courts had earlier heard the arguments substantially on Exh.'10' application under Order VII Rule 11 of the Code' 1908 and even one Court reserved the order but had not decided the matter on account of the transfer of the matter on 22.05.2023 and 29.05.2024; respectively.
5. The third Court namely, 3rd Additional District Judge before whom the matter was brought by way of transfer on 05.05.2025 had again heard the application Exh. '10' Order VII Rule 11 of the Code' 1908 on 17.07.2025, but has not delivered the order so far. It is also demonstrated before us that on 17.07.2025 itself, after completing the hearing on Exh.'10' application Order VII Rule 11 of the Code' 1908, the next date was fixed for hearing of the application under Order XXXIX Rules 1 and 2 of the Code' 1908, filed by the petitioner
- plaintiff on 24.06.2025.
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6. However, it seems that because of non-delivery of the order on application Exh.'10' under Order VII Rule 11 of the Code' 1908 which was reserved on 17.07.2025, till date the hearing on the application under Order XXXIX Rules 1 and 2 has not concluded.
7. The petitioner has a reasonable apprehension that this matter would again be released as a result of routine transfers, which may be made in the month of May of each year. Thus, on account of delay in consideration of the application under Order XXXIX Rules 1 and 2 of the Code' 1908, the petitioner is seeking a direction for early disposal of the matter.
8. Taking note of the above, we require the Principal District Judge, Bhavnagar to submit a report as to how routine transfers are being made of the Commercial matters in the month of May of each year when the Commercial Courts are designated Courts under the notification of the State Government. The mechanism adopted for routine transfer of Commercial Courts, under any circular of the High Court, if any, shall also be placed in the report.
9. In the meantime, we direct the 3th Additional District Judge, Bhavnagar to deliver the order under Order VII Rule 11 application (Exh. '10') heard and reserved on 17.07.2025 and further conclude the hearing of Order XXXIX Rules 1 and 2 application on the next date fixed, i.e. 02.05.2026, itself. The Presiding Judge is directed to decide the application Page 3 of 4 Uploaded by SIJI THOMAS(HC00174) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 22:01:22 IST 2026 NEUTRAL CITATION C/SCA/5276/2026 ORDER DATED: 20/04/2026 undefined under Order XXXIX Rules 1 and 3 of the Code' 1908 within a period of two weeks from the date of hearing, which shall be concluded on 02.05.2026 itself, without granting any adjournment to any of the parties. However, in case of any unforeseen circumstances or any such unavoidable constraint beyond the control of the Court, the hearing of Order XXXIX Rules 1 and 2 application shall be completed within a period of two weeks from the next date fixed i.e. 02.05.2026 and in all eventuality, the pending application for Order XXXIX Rules 1 and 2 of the Code' 1908 shall be decided on or before 15.05.2026.
10. In case of any non-compliance of this order, it would be open for the petitioner to approach this Court again.
11. With the above observations and directions, the present petition stands disposed of.
12. The Principal District Judge, Bhavnagar shall submit his report to Hon'ble the Chief Justice through the Registrar General of the High Court, on the administrative side.
Direct service is permitted.
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