[Cites 1, Cited by 0]
Jammu & Kashmir High Court - Srinagar Bench
Bardana Super Hi Tech Agro Tonic Private ... vs Mufsa Fungicare Crop Science Private ... on 6 April, 2026
Author: Sanjay Dhar
Bench: Sanjay Dhar
03
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(1685/2026) IN CS(OS) 2/2026
CM(1686/2026) CM(1687/2026) CM(1688/2026))
BARDANA SUPER HI TECH AGRO TONIC PRIVATE LIMITED
..... Petitioner(s)
Through: Mr. Danish Majid Dar, Advocate.
V/s
MUFSA FUNGICARE CROP SCIENCE PRIVATE LIMITED AND OTHERS
..... Respondent(s)
Through:
Coram:
Hon'ble Mr. Justice Sanjay Dhar, Judge
ORDER
06.04.2026
CM No. 1685/2026:
This is an application filed by the plaintiff seeking dispensation
in resorting to Pre-Institution Mediation as mandated under
Section 12 A of the Commercial Courts Act.
The plaintiff has filed the accompanying suit seeking permanent
prohibitory injunction against the defendants restraining them from
using the Mark "Agro Hi Tech" or any other similar Mark which
according to the plaintiff is infringing his registered trade Mark
"Super Hi-Tech Agro Tonic, "Hi-Tech Agro Tonic," "Bardana
Super Hi-Tech Agro Tonic".
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CM(1685/2026) IN CS(OS) 2/2026
CM(1686/2026) CM(1687/2026) CM(1688/2026
It has been contended that the defendants by using the offending
Mark is committing continuous breach of registered Trade Mark of
the plaintiff and as such, the relief that is being sought by the
plaintiff is emergent in nature.
In view of the above, the application is allowed and the plaintiff
is permitted to file accompanying suit without resorting to the
requirement of Pre-Institution Mediation in terms of Section 12 A
of the Commercial Courts Act.
CM disposed of.
CS(OS) No. 02/2026:
Issue summons to the defendants subject to taking of necessary
steps by the plaintiff within one week.
List on 20.05.2026.
CM No. 1687/2026 & CM No. 1686/2026:
By virtue of these applications, the plaintiff is seeking an interim
exparte relief to the effect that the defendants be restrained from
using the Mark "Agro Hi Tech" or any other deceptively similar
Mark which infringes or imitates the plaintiff's registered Trade
Mark "Super Hi-Tech Agro Tonic, "Hi-Tech Agro Tonic,"
"Bardana Super Hi-Tech Agro Tonic," with a further prayer that
issuance of prior notice to the defendants be dispensed with.
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CM(1685/2026) IN CS(OS) 2/2026
CM(1686/2026) CM(1687/2026) CM(1688/2026
It is case of the plaintiff that it is engaged in the manufacture and
marketing of fertilizers, organic fertilizers, natural fertilizers, mixed
fertilizers, seed coatings, manures and allied agricultural products
since 2000. It is further pleaded that the plaintiff is proprietor of
registered Trade Mark and Device Mark inter alia the proprietor of
registered Trade Mark including Registration No. 4151497 in Class
1 in respect of fertilizers and allied goods. It has been further
pleaded that vide Certificate dated 19.08.2020, "Bardana Super Hi-
tech Agro Tonic Private Limited stands registered as a Trade Mark
and vide Certificate dated 19.08.2020 Trade Mark image portraying
"Agro Hi Tech" stands registered in the name of the plaintiff. It is
further case of the plaintiff that the defendants are using similar
Mark on similar type of products under the name "Agro Hi Tech"
which is phonetically similar to the registered Trade mark of the
plaintiff. According to the plaintiff, due to impugned action of the
defendants, it is suffering loss including diversion of trade,
confusion amongst purchasers, erosion of market share, dilution of
goodwill, weaking of brand identity and injury to commercial
reputation and if the injunctive relief is not granted to the plaintiff, it
is going to suffer irreparably. To support its assertion made in the
plaint, the plaintiff has placed on record documents showing
registration of the aforesaid Trade Mark in its favour and the
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CM(1685/2026) IN CS(OS) 2/2026
CM(1686/2026) CM(1687/2026) CM(1688/2026
plaintiff has also placed on record documents showing package
which is being used by the defendants in respect of similar products.
From a perusal of the documents placed on record by the
plaintiff, it appears that there is a prima facie case in favour of the
plaintiff and in case exparte injunctive relief is not granted in its
favour, it is going to suffer irreparably, as such, requirement of prior
notice to the defendants is dispensed with.
Issue notice of this application to the defendants subject to taking
of necessary steps by the plaintiff within one week.
In the meantime, the defendants are restrained from using the
impugned Trade mark "Agro Hi Tech" or any other deceptively
similar Mark to the plaintiff's registered Trade Mark on labels,
packages etc.
CM No. 1686/2026 stands disposed of.
CM No. 1687/2026 is listed along with main suit.
CM No. 1688/2026:
Issue notice to the defendants subject to taking of necessary steps
by the plaintiff within one week.
In the meantime, Shri Taha Khaleel, Advocate is appointed as
Local Commissioner to make inventory of the products bearing
Mark "Agro Hi Tech" from the warehouses/stores of the
defendants company located at Rakhi Lajoura, Pulwama, Jammu
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CM(1685/2026) IN CS(OS) 2/2026
CM(1686/2026) CM(1687/2026) CM(1688/2026
and Kashmir. Station House Officer, Police Station, Pulwama shall
render full assistance to the Local Commissioner for accomplishing
the task. The Commissioner shall serve a prior notice to the
defendants before visiting the site intimating them about the
schedule of his visit. The report shall be submitted by the
Commissioner by next date of hearing. The fee of the Local
Commissioner tentatively fixed at Rs. 40,000/- to be payable by the
plaintiff in advance. The Local Commissioner shall also be
reimbursed by the plaintiff for transport and other charges that may
be incurred by him.
List as above.
(Sanjay Dhar)
Judge
SRINAGAR
06.04.2026
Aasif
