Kerala High Court
Phykon Solutions Pvt. Ltd vs Mithun Gopal on 11 July, 2025
O.P.(C) No. 1627 of 2025
1
2025:KER:51322
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
OP(C) NO. 1627 OF 2025
AGAINST THE ORDER DATED 23.06.2025 IN IA NO.1/2024 IN
CS NO.78 OF 2024 OF ASSISTANT SESSIONS COURT/II ADDITIONAL
SUB COURT,THIRUVANANTHAPURAM
PETITIONERS/DEFENDANTS:
1 PHYKON SOLUTIONS PVT. LTD.
L-11, BASEMENT - 1 FLOOR, TEJASWINI BUILDING,
TECHNOPARK CAMPUS, KARYAVATTOM P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695 581,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR. PRABHU CHANDRA MOHAN.
2 PRABHU CHANDRA MOHAN
AGED 40 YEARS, S/O PRABHU CHANDRA MOHAN,
MANAGING DIRECTOR,
PHYKON SOLUTIONS PVT. LTD.,
RESIDING AT TC 4/44(3), SAMVARDHINI, PANGAPPARA,
KARYAVATTOM, THIRUVANANTHAPURAM, PIN - 695 581.
3 PRATHISH VIJAY
AGED 40 YEARS, S/O. KURUP VIJAYA KUMAR,
DIRECTOR, PHYKON SOLUTIONS PVT. LTD.,
RESIDING AT VILLA 6B2, NJANDOORKONAM -
CHENKOTTUKONAM ROAD, CHENKOTTUKONAM,
THIRUVANANTHAPURAM, PIN - 695 587.
BY ADVS.
SHRI.M.GOPIKRISHNAN NAMBIAR
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
O.P.(C) No. 1627 of 2025
2
2025:KER:51322
SHRI.PRANOY HARILAL
SRI.E.K.NANDAKUMAR (SR.)
RESPONDENT/PLAINTIFF:
MITHUN GOPAL,
AGED 44 YEARS, S/O. VIJAYAKUMAR,
RESIDING AT S4, PAITHRIKA SERENITY,
KARIMANAL P.O, THIRUVANANTHAPURAM,
PIN - 695 583.
BY ADV
SRI.ANOOP BHASKAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 1627 of 2025
3
2025:KER:51322
JUDGMENT
(Dated this the 11th day of July, 2025)
This Original Petition is filed by the petitioners for
directing the Commercial Court - II (Sub Court - III),
Thiruvananthapuram, to dispose the copy application filed by
the petitioners on 26.06.2025 in CS No.78/2024 and also
issue certified copy of the order dated 23.06.2025 passed in
IA No.1/2024 in CS No.78/2024 and stay the said order for
10 days.
2. Heard the arguments for the learned counsel for
the petitioners and learned counsel for the respondent.
3. The respondent counsel also appeared and objected
for staying the order on the ground that the petitioner has
permitted to file an appeal before the appellate Commercial
Court and the order cannot be challenged here and even the
petitioner can permit to file an urgent application for
receiving copy and also apply for carbon copy, without doing
so, approaching this Court is not correct.
2025:KER:51322
4. Having heard the arguments and perused the
records. It appears that the petitioners said to be the
defendants in the Suit where the respondent was plaintiff,
filed the suit and IA for injuncting the defendants not to use
the trademark of plaintiff's. The impugned order dated
23.06.2025, the copy of application is said to be filed on
26.06.2025 and till date no certified copy has supplied to the
petitioners/defendants. The respondent counsel also submits
he has also filed copy application on the very next date, i.e.,
24.06.2025, no copy was served.
5. Considering the facts and circumstances of the
case, when order was passed on 23.06.2023, the copies were
not issued. The grounds of granting injunction must be
ascertained in the order, for the purpose of challenge. If the
order is not released, it is very difficult for the defendants to
challenge the same before the appellate Court.
6. Therefore, it is necessary to issue direction to the
concerned Commercial Court - II ( Sub Court - III),
Thiruvananthapuram.
2025:KER:51322
7. Accordingly, the original petition is disposed of.
i. The Commercial Court - II ( Sub Court -
III), Thiruvananthapuram, is directed to
issue certified copy of the order dated
23.06.2025 passed in IA No.1/2024 in CS
No.78/2024, immediately on or before
14.07.2025.
ii. The order passed by the trial court in IA
No.1/2024 in CS No.78/2024 has been
stayed for 10 days from today.
Sd/-
K. NATARAJAN
JUDGE
S.M.K.
2025:KER:51322
APPENDIX OF OP(C) 1627/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT DATED
02.09.2024 IN C.S NO. 78/2024 FILED BY
THE RESPONDENT BEFORE THE COMMERCIAL
COURT II, THIRUVANANTHAPURAM (WITHOUT
DOCUMENTS)
Exhibit P2 TRUE COPY OF I.A NO. 1 OF 2024 IN C.S
NO. 78 OF 2024 DATED 02.09.2024 FILED
BY THE RESPONDENT BEFORE THE COMMERCIAL
COURT II, THIRUVANANTHAPURAM (WITHOUT
DOCUMENTS)
Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 11.09.2024 FILED BY THE
PETITIONERS IN I.A NO. 1 OF 2024 IN C.S
NO. 78 OF 2024 FILED BEFORE THE
COMMERCIAL COURT II, THIRUVANANTHAPURAM
Exhibit P4 TRUE COPY OF THE APPLICATION SEEKING
CERTIFIED COPIES FILED BY THE
PETITIONERS BEFORE THE COMMERCIAL COURT
II, THIRUVANANTHAPURAM DATED 26.06.2025
