Disposed

M/S Karnataka Co. Operative Milk Producers v. M/S Venkis Mineral Water Products

Karnataka HC22 May 2023MFA/6985/2018

Case brief

AI extract

What is this about?

In this miscellaneous first appeal, the High Court of Karnataka disposed of the appeal against the dismissal of a temporary injunction application. The court directed the trial court to dispose of the principal suit within six months, in the interest of justice, given that the suit was set down for evidence.

What did the court decide?

The Trial Court directed to dispose suit O.S.No.1080/2018 within six months; appeal disposed of; pending I.As. dismissed.

M/S Karnataka Co. Operative Milk Producers Vs M/S Venkis Mineral Water Products — Karnataka HC (2023) — LawSathi Research

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MFA No. 6985 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND 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. 6985 OF 2018 (IPR)

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BETWEEN:

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M/S KARNATAKA CO OPERATIVE MILK PRODUCERS FEDERATION LTD (KMF) A COMPANY REGISTERED UNDER PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT KMG COMPLEX, P.B. NO.2015, D.R.COLLEGE POST DR M H MARIGOWDA ROAD BANGALORE-560029 REPRESENTED BY DIRECTOR ADMINISTRATION DR.H V TIPPA REDDY

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…APPELLANT

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Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka

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(BY SRI.S.SRIRANGA, SENIOR COUNSEL FOR SMT. SUMANA NAGANAND, ADVOCATE)

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AND:

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M/S VENKIS MINERAL WATER PRODUCTS HAVING ITS PLACE OF BUSINESS AT R.G.ROAD, KARTIGI P.O., GANGAVATHI TQ, KOPPAL DISTRICT NEAR NATIONAL SCHOOL GANGAWATI, KARNATAKA-583229 REPRESENTED BY ITS PROPRIETOR MR.P SATTYA KISHORE.

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MFA No. 6985 of 2018

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MR P SATTYA KISHORE C/O VENKI MINERAL WATER PRODUCTS R.G.ROAD, KARATIGI PO GANGAVATHI TQ, KOPPAL DISRICT NEAR NATIONAL SCHOOL GANGAWATHI, KARNATAKA-583229.

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M/S SRI INDUSTRIES L-13, KSSIDE INDUSTRIAL AREA, T.B.DAM ROAD, HOSPET-583203

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…RESPONDENTS

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(BY SMT. HEENA S.A., ADVOCATE FOR SRI. SANTHOSH S GOGI, ADVOCATE FOR C/R1 & R2: NOTICE NOT ORDRED IN RESPECT OF R3)

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED.28.05.2018 PASSED ON IA NO.1 IN O.S.NO.1080/2018 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY, (CCH NO.10), DISMISSING IA NO.1 FILED U/O.39 RULE 1&2 OF CPC.

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

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JUDGMENT

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This appeal under Order 43 Rule 1(r) of the CPC is filed by the plaintiff in O.S.No.1080/2018 before the

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MFA No. 6985 of 2018

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XVIII Addl. City Civil Judge, Bangalore, challenging the order dated 28.5.2018 passed on application i.e., I.A.No.I filed by the plaintiff under Order 39 Rules 1 and 2 read with Section 151 of CPC whereby the Trial Court has dismissed the said application.

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For the sake of convenience, the parties are

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referred to as per their ranking before the Trial Court.

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The plaintiff filed the suit before the Trial

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Court seeking for relief of permanent injunction restraining the defendants or anyone claiming through

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them in any manner from using the name “Nandini Aqua” or any other name or mark containing the word

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“Nandini” for any potable drink like mineral water, juice and other such reliefs. During the pendency of the suit, the plaintiff filed I.A.No.1 under Order 39 Rules 1 and 2 read with Section 151 of CPC seeking for grant of an order of temporary injunction restraining the defendants from using the name “Nandini Aqua” or any other name

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MFA No. 6985 of 2018

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or mark containing the word “Nandini” for any potable

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drink like mineral water, juice for their packing and selling those products pending disposal of the suit. After hearing the arguments of the parties, the Trial Court by order dated 28.5.2018 has dismissed the application filed under Order 39 Rules 1 and 2. Being aggrieved by the same, the plaintiff has preferred this appeal.

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Heard the learned counsel for the parties and

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perused the records.

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The suit is now set down for evidence. Under

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the circumstances, the only direction that can be issued at this stage is to direct the Trial Court to dispose of the suit as expeditiously as possible.

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6. Accordingly, the appeal is disposed of.

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The Trial Court is directed to dispose of the suit

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i.e., O.S.No.1080/2018 as expeditiously as possible

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MFA No. 6985 of 2018

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within a period of six months from the date of receipt of

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copy of this order.

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

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In view of disposal of appeal, all pending I.As., if

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any, are dismissed accordingly.

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Sd/JUDGE

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List No.: 1 Sl No.: 34

M/S Karnataka Co. Operative Milk Producers v. M/S Venkis Mineral Water Products

Case brief

What is this about?

What did the court decide?

M/S Karnataka Co. Operative Milk Producers v. M/S Venkis Mineral Water Products

Case brief

What is this about?

What did the court decide?

What the court decided

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