Karnataka High Court
M/S Murari Lal Harish Chandra ... vs Mr. Karthikeyan Manishekar on 3 June, 2022
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
M.F.A.NO.4 OF 2020 (IPR)
BETWEEN
M/S. MURARI LAL HARISH
CHANDRA JAISWAL PVT. LTD.,
A COMPANY INCORPORATED UNDER
COMPANIES ACT,1956
HAVING ITS REGISTERED OFFICE
AT 6043, NAYA BANS,
DELHI - 110 006.
REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR. NARESH GUPTA.
...APPELLANT
(BY SRI. M.DHYAN CHINNAPPA, SENIOR ADVOCATE
ALONG WITH SRI.H.P.SINGH AND SMT.HARSHITA
RATHOD, ADVOCATES FOR SRI.HARIKRISHNA S. HOLLA,
ADVOCATE)
AND
MR. KARTHIKEYAN MANISHEKAR,
PROPRIETOR,
M/S VENBA ENTERPRISES,
3RD FLOOR, 10, SRI. VALLI BUILDING,
OLD MARDRAS ROAD,
NEAR TIN FACTORY,
BANGALORE - 560 016.
...RESPONDENT
(BY SRI.C.K.NANDAKUMAR, SENIOR ADVOCATE FOR
SRI.DAYANAND HIREMATH, ADVOCATE)
2
THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r)
OF CPC, AGAINST THE ORDER DATED 16.12.2019 PASSED
ON I.A.NO. 1 IN OS.NO.9055/2019 ON THE FILE OF THE
PRL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
ISSUING SUIT SUMMONS AND EMERGENCE NOTICE ON
I.A.NO.1 TO THE DEFENDANT THROUGH COURT AND RPAD
RETURNABLE BY 16.01.2020.
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the plaintiff in O.S.No.9055/2019
is directed against the impugned order dated
16.12.2019 passed by the trial Court refusing to grant
an ad-interim ex-parte order of temporary injunction
in favour of the appellant-plaintiff and directing
issuance of suit summons and emergent notice to the
respondent-defendant.
2. Heard learned Senior counsel Sri. M.Dhyan
Chinnappa, Sri. H.P.Singh, learned counsel and
Smt.Harshitha Ratod, learned counsel for
Sri.Harikrishna S. Holla, learned counsel for the
appellant and Sri.C.K.Nandakumar, learned Senior
counsel for Sri.Dayanand Hiremath, learned Counsel
for the respondent and perused the material on record
including the impugned order.
3. When the matter was posted before this
Court on 03.01.2020, this Court passed the following
order:
"ORDER ON I.A.No.1/2020
Heard on I.A.No.1/2020.
Learned Senior Counsel pointed out
physically the product of "HANS CHAAP" AND
"HANS VEBNA".
Appellant is into the tobacco trade and
stated to have been functioning in the name
of HANS CHAAP since 1945. The alleged
allegation is that respondent has utilized a
tobacco product with carton identical to that
of appellant's product including the picture of
grand father of the appellant. From the
naked eye one can draw prima facie
inference that the respondent is alleged to
have misused logo, carton etc., on his
product which is identical of the appellant's
product and container. In order to mislead
the customers as if the product in "HANS
CHAAP" in the guise of enlarging scope of
this business etc. Therefore, respondent is
hereby directed to restrain from infringing
the appellant's registered trade mark 'HANS
CHAAP' or any mark like photograph, color
and tint on the cardboard box that is
identical to that of the registered trade
mark/copy right using offending mark as
'HANS VEBNA' or any such mark.
Issue emergent notice to the
respondent.
Learned counsel for the appellant is
also permitted to take hand summons."
4. The aforesaid interim order passed by this
Court has remained in force from that day onwards till
today and the same is neither been varied nor
modified.
5. Under the aforesaid circumstances, with
the consent of learned Senior counsel for both sides,
though several contentions have been urged on merits
by both the sides, without expressing any opinion on
the merits or demerits of the rival contentions, I deem
it just and proper to dispose off this appeal directing
the parties to appear before the trial Court on
20.06.2022 without awaiting further notice from the
trial court and further directing the trial court to
consider and dispose off I.A. 1 on merits as
expeditiously as possible and at any rate within a
period of four weeks from 20.06.2022 by leaving open
all contentions to be decided by the trial Court.
In the result I pass the following:
ORDER
i) Appeal is hereby disposed off.
ii) The trial Court is directed to consider
and dispose off I.A.1 on merits after
hearing both sides as expeditiously as
possible and at any rate within a
period of four weeks from
20.06.2022.
iii) The parties undertake to appear
before the trial court without any
further notice from the trial court by
getting the matter preponed from the
next date of hearing i.e., 30.06.2022
to 20.06.2022 to enable the trial
Court to comply with this order.
iv) It is further directed that pending
disposal of I.A.No.1 by the trial Court,
the interim order dated 03.01.2020
passed by this Court will continue to
remain in force and operative until
disposal of I.A. 1 by the trial Court.
v) All rival contentions are kept open
and no opinion is expressed on the
same.
vi) It is further made clear that the trial
court shall consider and dispose of
I.A.1 without being influenced by the
observations and findings recorded in
the impugned order or the
observations and findings recorded by
this Court in its order dated
03.01.2020.
SD/-
JUDGE
DS
