Dismissed¶23

Dhanvarsha Oil Mills Pvt. Ltd. v. M/S Shree Hari Industries (Hari Oil Mills)

Rajasthan HC6 Jul 2026CTA/360/2025

Case brief

AI extract

What is this about?

Transfer application dismissed — commercial suit (alleged trade mark infringement, permanent injunction, damages) not shifted from Commercial Court, Bharatpur to Commercial Court, Jaipur; convenience/medical/connected-proceedings grounds held insufficient (mere physical inconvenience); applicant absent on two hearings; no representation for petitioner; Sr. Adv. Gayatri Rathore for respondent; decided 06/07/2026 by DB (Arun Monga & Sandeep Taneja, JJ.); CTA 360/2025; URN CTA/622U/2025.

What did the court decide?

After hearing the respondents' senior counsel and reviewing the application, the Court found no grounds for interference, holding that the affirmative case pleaded amounted merely to physical inconvenience of litigation at two different places. ¶21

Dhanvarsha Oil Mills Pvt. Ltd. Vs M/S Shree Hari Industries (Hari Oil Mills) — Rajasthan HC (2026) — LawSathi Research

¶1

[2026:RJ-JP:25027-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Civil Transfer Application No. 360/2025

¶4

URN: CTA / 622U / 2025

¶5

Dhanvarsha Oil Mills Pvt. Ltd., Having Its Registered Office At F- 157-158-159, Industrial Area, Kekri, District Ajmer, Rajasthan305801, Through Its Director, Mr. Vinod Kumar Mittal, Ms. Munni Rani Jain, Ms. Jyoti Mittal And Ms. Khushbu Mittal.

¶6

----Petitioner

¶7

Versus

¶8

M/s Shree Hari Industries (Hari Oil Mills), Malgown Road, Bharatpur-321001, Rajasthan, Through Its Authorized Representative, Mr. Deep Chand Goyal.

¶9

----Respondent

¶10

For Petitioner(s) : None Present For Respondent(s) : Ms. Gayatri Rathore, Sr. Adv., assisted by Mr. Sharad Dadhich, Ms. Neha Gupta and Mr. Raj Singh Rathore

¶11

HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE SANDEEP TANEJA Order

¶12

06/07/2026

¶13

The present application is filed by the applicant seeking transfer of the commercial suit instituted by the respondent against the applicant for permanent injunction in respect of the alleged infringement of the trademark and damages. The said suit is presently pending before the learned Commercial Court at Bharatpur. The applicant seeks transfer of commercial suit from the learned Commercial Court, Bharatpur to the learned Commercial Court, Jaipur.

¶14

The applicant has sought transfer of the proceedings primarily on the grounds that Jaipur is a geographically more convenient forum, the medical condition of the father of the applicant's Director necessitates litigation at Jaipur, connected proceedings between the parties are already pending before the courts at Jaipur, the applicant's principal place of business, relevant evidence, and material witnesses are

¶15

[2026:RJ-JP:25027-DB]

¶16

[CTA-360/2025]

¶17

(2 of 2)

¶18

situated in the Jaipur/Kekri region, and the learned Commercial Court at Jaipur is better equipped to deal with intellectual property disputes.

¶19

The matter was listed for hearing on 02.07.2026, but no one appeared on behalf of the applicant. In the interest of justice, no adverse order was passed, and the matter was listed for today.

¶20

On resumption of the hearing, the position continues to be the same, as there is no representation on behalf of the applicant.

¶21

Moreover, having heard the learned senior counsel for the respondents and after having gone through the application, we find no grounds for interference as the affirmative case pleaded is merely physical inconvenience of litigation at two different places.

¶22

Be that as it may, on both counts i.e. non-appearance as well as otherwise, the application being devoid of any merits, no grounds for interference is made out.

¶23

Accordingly, the present Civil Transfer Application is dismissed.

¶24

(SANDEEP TANEJA),J

¶25

(ARUN MONGA),J

¶26

52/Aman/Tushar

Dhanvarsha Oil Mills Pvt. Ltd. v. M/S Shree Hari Industries (Hari Oil Mills)

Case brief

What is this about?

What did the court decide?

Dhanvarsha Oil Mills Pvt. Ltd. v. M/S Shree Hari Industries (Hari Oil Mills)

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

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