Mrs K Savitha Sandeep vs Mrs Usha Srinivas
2023 Latest Caselaw 2615 Kant

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                                                  MFA No. 2337 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 25TH DAY OF MAY, 2023

                                      BEFORE
                  THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
               MISCELLANEOUS FIRST APPEAL NO. 2337 OF 2023 (IPR)
               BETWEEN:

               MRS K SAVITHA SANDEEP
               AGED 32 YEARS
               W/O S.SANDEEP
               PROPRIETOR BUTTER SPONGE
               AT SAVI'S BUTTER SPONGE
               NO.49, GROUND FLOOR, SUBBARAMA CHET TY ROAD
               BASAVANAGUDI, BENGALURU-560 004.
                                                        ...APPELLANT
               (BY SRI. G R MOHAN., ADVOCATE)

               AND:

               MRS USHA SRINIVAS
               AGED 60 YEARS
               W/O K.T.SRINIVAS, PROPIETOR
Digitally      BUTTER SPONGE, R/A NO.56 SRIRANGADHAM
signed by C    GOVINDAPPA ROAD
MALATHI        BASAVANAGUDI, BENGALURU-560 004
Location:                                               ...RESPONDENT
High Court of (BY SRI.ABHISHEK N.V., ADVOCATE)
Karnataka
                    THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
               SECTION 151 OF CPC, AGAINST THE ORDER DT.23.03.2023
               PASSED ON IA NO.1 IN O.S.NO.7869/2022 ON THE FILE OF
               THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY,
               (CCH NO.10), ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2
               R/W SEC.151 OF CPC.

                    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
               THE COURT DELIVERED THE FOLLOWING:
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                                              MFA No. 2337 of 2023




                           JUDGMENT

This appeal under Order XLIII Rule 1(r) read with

Section 151 of CPC is filed by the defendant in

O.S.No.7869/2022, challenging the order dated

23.03.2023 passed by the XVIII Additional City Civil

Judge, Bengaluru City on I.A.No.1 whereby the trial Court

has allowed I.A.No.1 filed by the plaintiff under Order

XXXIX Rules 1 and 2 of CPC.

2. The plaintiff has filed a suit seeking for the

following reliefs:

a) For a decree of permanent injunction restraining the Defendant, its proprietor, associates, assigns, agents, employees, any other person claiming under or through it from passing off Plaintiff goods by manufacturing, selling, offering for sale or in any manner using the mark 'Butter Sponge' or any other mark that may be deceptively similar to the above mark;

b) Directing the Defendant to render a true and faithful account of the profits earned by the Defendant through the sale of their products and

MFA No. 2337 of 2023

services, including the products bearing the offending Trade Mark and

c) Pass any such other order or direction that this Hon'ble Court deems fit, in the interest of justice and equity."

3. The defendant has appeared as a caveator.

4. The trial Court after hearing both parties,

I.A.No.1 filed by the plaintiff under Order XXXIX Rules 1

and 2 of CPC has been allowed restraining the defendant

from manufacturing, selling, offering for sale or in any

manner using the mark 'Butter Sponge' or any other mark

that may be deceptively similar to the trade mark of the

plaintiff, till disposal of the suit. Being aggrieved by the

same, the defendant is before this Court in this appeal.

5. On the basis of the pleadings of the parties, the

issues have been framed. The suit is now set down for

evidence of the parties and there is no interim order in

favour of the plaintiff.

MFA No. 2337 of 2023

6. Under this circumstances, the only relief that

can be granted by this Court is to direct both the parties

to maintain status-quo, till disposal of the suit and to

direct the trial Court to dispose of the suit in

O.S.No.7869/2022 as expeditiously as possible.

7. Accordingly, the appeal is disposed of.

The parties are directed to maintain status-quo as on

22.03.2023, till disposal of the suit.

The trial Court is directed to dispose of the suit in

O.S.No.7869/2022, as expeditiously as possible, but not

later than six months from the date of receipt of certified

copy of this order.

The parties are directed to co-operate for early

disposal of the suit.

MFA No. 2337 of 2023

In view of disposal of the main appeal, all pending

applications do not survive for consideration. Hence, the

same are also disposed of.

Sd/-

JUDGE

HA