Case Note & Summary
The petitioner, Rupalben Mayurbhai Patel, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India before the Gujarat High Court, seeking a writ of mandamus or certiorari to direct the Learned Trial Court to expeditiously decide and dispose of the application below Exhibit-5 in TM Suit No. 2 of 2024, preferably within thirty days. The petitioner had originally filed the trademark suit on 14.08.2024 against the respondent, Husenali Anwarali Charaniya, seeking reliefs of injunction against the respondent for infringement of copyright and passing off of the trademark 'KANTI DADA'. The summons of the suit and the injunction application were served upon the defendant on 23.08.2024. Thereafter, the defendant moved an application under Section 10 of the Code of Civil Procedure, 1908 (CPC) for staying of the suit. The petitioner contended that despite the suit being filed in August 2024, the interim injunction application remained pending due to the defendant's Section 10 application. The High Court heard learned advocate Ms. Rushvi Shah for the petitioner, while the respondent remained absent. The Court observed that the suit was filed in August 2024 and the interim application was pending for a considerable period. The Court directed the Trial Court to decide the application below Exhibit-5 in TM Suit No. 2 of 2024 within four weeks from the date of receipt of the order, and disposed of the petition accordingly. The Court also noted that the respondent had not filed any written statement and had only moved an application under Section 10 CPC.
Headnote
A) Civil Procedure - Interim Injunction - Expeditious Disposal - The petitioner sought a writ of mandamus to direct the Trial Court to decide the application below Exhibit-5 in TM Suit No. 2 of 2024 within thirty days, as the suit was filed in August 2024 and the interim application remained pending due to the defendant's application under Section 10 CPC for stay of the suit. The High Court, noting the delay, directed the Trial Court to decide the interim application within four weeks from the date of receipt of the order. (Paras 1-5) B) Trademark Law - Infringement and Passing Off - Interim Relief - The petitioner filed a trademark suit seeking injunction against the respondent for infringement of copyright and passing off of the trademark 'KANTI DADA'. The summons and injunction application were served on the defendant on 23.08.2024, and the defendant moved an application under Section 10 CPC for stay of the suit. The High Court held that the interim application should be decided expeditiously and directed the Trial Court to dispose of it within four weeks. (Paras 3-5)
Issue of Consideration
Whether the High Court should direct the Trial Court to expeditiously dispose of the interim injunction application (Exhibit-5) in a trademark suit, given the delay caused by the defendant's application under Section 10 CPC.
Final Decision
The High Court directed the Trial Court to decide the application below Exhibit-5 in TM Suit No. 2 of 2024 within four weeks from the date of receipt of the order. The petition was disposed of accordingly.
Law Points
- Expeditious disposal of interim applications
- Mandamus for timely adjudication
- Trademark infringement and passing off
- Section 10 CPC stay application
