Disposed

M/S Sakuraa Nihongo v. Toon Media Consulting Pvt. Ltd.

Karnataka HC8 Apr 2022MFA/7711/2018

Case brief

AI extract

What is this about?

Miscellaneous First Appeal filed against rejection of interim injunction application in a passing off suit. The High Court viewed an examination of the impugned order as futile as the trial was imminent and directed the parties to conclude the trial below.

What did the court decide?

Appeal disposed. Parties directed to conclude trial below and finalize case on merits before 30.07.2022.

M/S Sakuraa Nihongo Vs Toon Media… — Contract and Commercial Disputes | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF APRIL, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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M.F.A. NO.7711/2018

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BETWEEN:

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M/S. SAKURAA NIHONGO RESORUCE CENTRE, NO.1, 2ND FLOOR, 18TH CROSS MALLESWARAM

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BENGALURU-55 AND REPRESENTED BY ITS MANAGING PARTNER SMT. SRIVIDHYA.

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SMT. SRIVIDYA W/O K. ANANTHAPADMANABHAN AGED ABOUT 50 YEARS NO.6, SAMPURNA APARTMENTS 23/3, 5TH MAIN, MALLESWARAM BENGALURU - 03.

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A. ANANTHAPADMANABHAN S/O KRISHNAMURTHY AGED ABOUT 54 YEARS NO.6, SAMPURNA APARTMENTS 23/3, 5TH MAIN, MALLESWARAM BENGALURU - 03.

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... APPELLANTS

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(BY SRI. B.N. PRAKASH, ADVOCATE FOR LAWYERS INC)

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AND:

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(TOON MEDIA CONSULTING PVT. LTD.) NO.359, 17TH B CROSS, 33RD MAIN 6TH PHASE, J.P.NAGAR, BENGALURU - 78 REPRESENTED BY ITS PRINCIPAL OFFICER.)

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DELETED VIDE ORDER DATED 04.10.2012

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M/S. SAKURAA (I) CORPORATION (A UNIT OF TOON MEDIA GLOBAL) NO.31, 1ST GLOOR, 80 FEET ROAD 4TH BLOCK, NEAR SONY WORLD, KORAMANGALA, BENGALURU - 34 REPRESENTED BY ITS MANAGING PARTNER SRI B.G. SRIDHARA.

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… RESPONDENTS

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(BY SRI. SIVARAMANVAIDYANATHAN, ADVOCATE FOR R2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE (1) (r) OF CPC, AGAINST THE ORDER DATED 16.07.2018, PASSED ON I.A. NO.1 IN O.S. NO.138/2016 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, (CCH NO.10), DISMISSING THE I.A. NO.1 FILED UNDER ORDER 39 RULE 1 & 2 OF CPC.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This captioned Miscellaneous First Appeal is filed by the plaintiffs feeling aggrieved by the rejection of their application filed under Order 39 Rules 1 and 2 of CPC.

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The present injunction suit is filed alleging

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infringement of passing off goods. The application filed by appellants - plaintiffs came to be rejected by order dated 16.07.2018.

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This appeal was filed in 2018. We are in 2022. Much water has already flown, which can be gathered from the statement made by learned counsel appearing for both parties.

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Learned counsel appearing for defendant submits

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that the matter is set in for cross-examination of defendant and the matter is listed today.

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If the trial has commenced and is about to be concluded, then, this Court is of the view that the entire exercise of examining the correctness of order under challenge would be a futile exercise. Therefore, this Court deems it fit to relegate the parties to conclude the trial and canvass their arguments on merits.

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At this juncture, learned counsel appearing for defendant submits that he has instructions that he is not going to examine any further witnesses, if the matter is posted today for cross-examining defendant.

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Plaintiffs shall conclude cross-examination of

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defendant today itself. If learned counsel for plaintiffs is unable to conclude cross-examination, the Court shall grant short accommodation and on that date, the plaintiffs shall complete cross-examination of defendant. After trial is concluded, the trial Court shall decide the case on merits after

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hearing the arguments of the rival parties and dispose of the suit on or before 30.07.2022.

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Appeal is disposed of accordingly.

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Sd/JUDGE

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M/S Sakuraa Nihongo v. Toon Media Consulting Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S Sakuraa Nihongo v. Toon Media Consulting Pvt. Ltd.

Case brief

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What the court decided

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