Disposed

Mrs K Savitha Sandeep v. Mrs Usha Srinivas

Karnataka HC25 May 2023MFA/2337/2023

Case brief

AI extract

What is this about?

An appeal under Order 43 Rule 1(r) read with Section 151 CPC was filed by a defendant against an order granting interim injunction in a trade mark suit. The High Court disposed of the appeal, directed parties to maintain status-quo, and ordered the trial court to decide the main suit within six months.

What did the court decide?

Ordering maintenance of status-quo and directing disposal of the main suit within six months; disposing of all pending applications.

Mrs K Savitha Sandeep Vs Mrs Usha Srinivas — Contract and Commercial Disputes | Karnataka HC (2023)

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MFA No. 2337 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF MAY, 2023

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BEFORE

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

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BETWEEN:

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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.

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…APPELLANT

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(BY SRI. G R MOHAN., ADVOCATE)

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AND:

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Digitally signed by C MALATHI

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Location: High Court of Karnataka

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MRS USHA SRINIVAS AGED 60 YEARS W/O K.T.SRINIVAS, PROPIETOR BUTTER SPONGE, R/A NO.56 SRIRANGADHAM GOVINDAPPA ROAD BASAVANAGUDI, BENGALURU-560 004 …RESPONDENT

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(BY SRI.ABHISHEK N.V., ADVOCATE)

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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.

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

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MFA No. 2337 of 2023

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JUDGMENT

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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.

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The plaintiff has filed a suit seeking for the following reliefs:

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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;

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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

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MFA No. 2337 of 2023

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services, including the products bearing the offending Trade Mark and

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

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The defendant has appeared as a caveator.

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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.

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On the basis of the pleadings of the parties, the

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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.

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MFA No. 2337 of 2023

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Under this circumstances, the only relief that

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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.

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7. Accordingly, the appeal is disposed of.

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The parties are directed to maintain status-quo as on 22.03.2023 , till disposal of the suit.

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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.

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The parties are directed to co-operate for early disposal of the suit.

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MFA No. 2337 of 2023

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In view of disposal of the main appeal, all pending applications do not survive for consideration. Hence, the same are also disposed of.

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Sd/JUDGE

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HA List No.: 1 Sl No.: 38

Mrs K Savitha Sandeep v. Mrs Usha Srinivas

Case brief

What is this about?

What did the court decide?

Mrs K Savitha Sandeep v. Mrs Usha Srinivas

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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