Karnataka High Court
M/S Shri Prasanna Anjaneya Agrotech/ vs M R Pavan Kumar on 30 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:29980
MFA No. 4218 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
MISCELLANEOUS FIRST APPEAL NO. 4218 OF 2024 (IPR)
BETWEEN:
M/S. SHRI PRASANNA ANJANEYA AGROTECH/
M/S SRI. PANCHAMUKHI INDUSTRIES,
SY. NO. 142, HISSA 1,
SINDOOR ROAD, MANVI,
RAICHUR - 584 123,
KARNATAKA,
REPRESENTED BY ITS
PARTNER SRI. M.R. SRIKANTH.
...APPELLANT
(BY SRI. MANMOHAN P.N, ADVOCATE)
AND:
M.R. PAVAN KUMAR,
SOLE PROPRIETOR OF MRN AGRO INDUSTRIES,
SY. NO. 739, GADWAL ROAD,
RAICHUR - 584 101, KARNATAKA.
Digitally ...RESPONDENT
signed by (BY SRI. S.R. KAMALACHARAN, ADVOCATE)
YAMUNA K L THIS MFA IS FILED U/O.43 RULE 1(r) R/W SEC.104 OF THE
Location: CPC, PRAYING TO SET ASIDE THE ORDER DATED 01.06.2024
High Court of
Karnataka PASSED ON IA NO.1 AND 2 IN O.S.NO.3700/2024 ON THE FILE OF
THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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NC: 2024:KHC:29980
MFA No. 4218 of 2024
ORAL JUDGMENT
This appeal is directed against the impugned order dated
01.06.2024 passed on I.A.Nos.1 and 2 in O.S.No.3700/2024 on the
file of XVIII Additional City Civil Judge, Bangalore City as well as
subsequent interim order dated 28.06.2024 whereby, the Trial
Court passed an ad-interim ex-parte order of temporary injunction
in favour of the respondent/plaintiff against the appellant/defendant
and continued the same by order dated 28.06.2024, till the next
date of hearing.
2. Heard learned counsel for the petitioner and learned
counsel for the respondent and perused the material on record.
3. A perusal of the material on record indicates that the
respondent/plaintiff instituted the aforesaid case against the
appellant/defendant for permanent injunction alleging infringement
and passing off of the trade mark and for other reliefs.
4. In the first instance, the Trial Court passed an ad-interim
ex-parte order of temporary injunction on I.A.Nos.1 and 2 and the
same having been extended by the Trial Court on 28.06.2024, the
appellant/defendant, who had already entered appearance in the
suit and had opposed the grant/extension of injunction,
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approached this Court by way of the present appeal contending
that the mandatory provisions of Order 39 Rule 3(A), CPC had not
been complied with by the Trial Court, in that, it has not disposed of
the application within the prescribed period of thirty days from the
date of grant of temporary injunction.
5. Taking note of the contentions urged by the
appellant/defendant, this Court stayed the orders of the Trial Court
and the matter is listed for consideration today and with the
consent of both sides, the matter is taken up for final disposal.
6. Though several contentions have been urged by both
sides in support of their respective claim, it is an undisputed fact
that the suit presently stands posted before the Trial Court on
01.08.2024 and I.A.Nos.1 and 2 are filed by the plaintiff/respondent
to which the appellant/defendant have already filed objections,
which are still pending consideration.
7. Under these circumstances, without expressing any
opinion on the merits/demerits of the rival contentions, I deem it
just and appropriate to dispose of this petition by directing the Trial
Court to consider and pass appropriate orders on I.A.Nos.1 and 2
on or before 19.08.2024 without being influenced by the findings or
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observations recorded in the present judgement or the interim
order passed by this Court on 08.07.2024. It is however, made
clear that, by way of an interim arrangement and without prejudice
to the rights and contentions of the parties, the interim order dated
08.07.2024 passed by this Court in the present appeal would
continue to remain in force and operate between the parties, till
disposal of I.A.Nos.1 and 2 as directed in this order.
8. Liberty is reserved in favour of the parties to file additional
pleadings, documents etc., on 01.08.2024, which shall be
considered by the Trial Court while passing appropriate orders.
9. All rival contentions on all aspects of the matter are kept
open and no opinion is expressed on the same.
10. Subject to the aforesaid direction, petition stands
disposed of.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
PHM
CT: BHK
