Kerala High Court
Phykon Solutions Pvt. Ltd vs Mithun Gopal on 11 July, 2025
O.P.(C) No. 1627 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
OP(C) NO. 1627 OF 2025
AGAINST THE ORDER DATED 23.06.2025 IN IA NO.1/2024 IN
CS NO.78 OF 2024 OF ASSISTANT SESSIONS COURT/II ADDITIONAL
SUB COURT,THIRUVANANTHAPURAM
PETITIONERS/DEFENDANTS:
1 PHYKON SOLUTIONS PVT. LTD.
L-11, BASEMENT - 1 FLOOR, TEJASWINI BUILDING,
TECHNOPARK CAMPUS, KARYAVATTOM P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695 581,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR. PRABHU CHANDRA MOHAN.
2 PRABHU CHANDRA MOHAN
AGED 40 YEARS, S/O PRABHU CHANDRA MOHAN,
MANAGING DIRECTOR,
PHYKON SOLUTIONS PVT. LTD.,
RESIDING AT TC 4/44(3), SAMVARDHINI, PANGAPPARA,
KARYAVATTOM, THIRUVANANTHAPURAM, PIN - 695 581.
3 PRATHISH VIJAY
AGED 40 YEARS, S/O. KURUP VIJAYA KUMAR,
DIRECTOR, PHYKON SOLUTIONS PVT. LTD.,
RESIDING AT VILLA 6B2, NJANDOORKONAM -
CHENKOTTUKONAM ROAD, CHENKOTTUKONAM,
THIRUVANANTHAPURAM, PIN - 695 587.
BY ADVS.
SHRI.M.GOPIKRISHNAN NAMBIAR
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
O.P.(C) No. 1627 of 2025
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SHRI.PRANOY HARILAL
SRI.E.K.NANDAKUMAR (SR.)
RESPONDENT/PLAINTIFF:
MITHUN GOPAL,
AGED 44 YEARS, S/O. VIJAYAKUMAR,
RESIDING AT S4, PAITHRIKA SERENITY,
KARIMANAL P.O, THIRUVANANTHAPURAM,
PIN - 695 583.
BY ADV
SRI.ANOOP BHASKAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 1627 of 2025
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JUDGMENT
(Dated this the 11th day of July, 2025) This Original Petition is filed by the petitioners for directing the Commercial Court - II (Sub Court - III), Thiruvananthapuram, to dispose the copy application filed by the petitioners on 26.06.2025 in CS No.78/2024 and also issue certified copy of the order dated 23.06.2025 passed in IA No.1/2024 in CS No.78/2024 and stay the said order for 10 days.
2. Heard the arguments for the learned counsel for the petitioners and learned counsel for the respondent.
3. The respondent counsel also appeared and objected for staying the order on the ground that the petitioner has permitted to file an appeal before the appellate Commercial Court and the order cannot be challenged here and even the petitioner can permit to file an urgent application for receiving copy and also apply for carbon copy, without doing so, approaching this Court is not correct. O.P.(C) No. 1627 of 2025 4
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4. Having heard the arguments and perused the records. It appears that the petitioners said to be the defendants in the Suit where the respondent was plaintiff, filed the suit and IA for injuncting the defendants not to use the trademark of plaintiff's. The impugned order dated 23.06.2025, the copy of application is said to be filed on 26.06.2025 and till date no certified copy has supplied to the petitioners/defendants. The respondent counsel also submits he has also filed copy application on the very next date, i.e., 24.06.2025, no copy was served.
5. Considering the facts and circumstances of the case, when order was passed on 23.06.2023, the copies were not issued. The grounds of granting injunction must be ascertained in the order, for the purpose of challenge. If the order is not released, it is very difficult for the defendants to challenge the same before the appellate Court.
6. Therefore, it is necessary to issue direction to the concerned Commercial Court - II ( Sub Court - III), Thiruvananthapuram.
O.P.(C) No. 1627 of 20255
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7. Accordingly, the original petition is disposed of.
i. The Commercial Court - II ( Sub Court -
III), Thiruvananthapuram, is directed to issue certified copy of the order dated 23.06.2025 passed in IA No.1/2024 in CS No.78/2024, immediately on or before 14.07.2025.
ii. The order passed by the trial court in IA No.1/2024 in CS No.78/2024 has been stayed for 10 days from today.
Sd/-
K. NATARAJAN JUDGE S.M.K. O.P.(C) No. 1627 of 2025 6 2025:KER:51322 APPENDIX OF OP(C) 1627/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT DATED 02.09.2024 IN C.S NO. 78/2024 FILED BY THE RESPONDENT BEFORE THE COMMERCIAL COURT II, THIRUVANANTHAPURAM (WITHOUT DOCUMENTS) Exhibit P2 TRUE COPY OF I.A NO. 1 OF 2024 IN C.S NO. 78 OF 2024 DATED 02.09.2024 FILED BY THE RESPONDENT BEFORE THE COMMERCIAL COURT II, THIRUVANANTHAPURAM (WITHOUT DOCUMENTS) Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 11.09.2024 FILED BY THE PETITIONERS IN I.A NO. 1 OF 2024 IN C.S NO. 78 OF 2024 FILED BEFORE THE COMMERCIAL COURT II, THIRUVANANTHAPURAM Exhibit P4 TRUE COPY OF THE APPLICATION SEEKING CERTIFIED COPIES FILED BY THE PETITIONERS BEFORE THE COMMERCIAL COURT II, THIRUVANANTHAPURAM DATED 26.06.2025