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
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C/FA/256/2024 ORDER DATED: 11/07/2025
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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
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C/FA/256/2024 ORDER DATED: 11/07/2025
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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
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C/FA/256/2024 ORDER DATED: 11/07/2025
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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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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
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to the knowledge of the appellants. In view of
the same, the First Appeal is disposed of.
(GITA GOPI,J)
MAYA
