Case Note & Summary
The present proceedings arise from Commercial IP Suit No. 215 of 2021 filed by Bhavesh Suresh Kataria, proprietor of Kataria Jewellery Insurance Consultancy, against Kataria Insurance Brokers Pvt. Ltd. for trademark infringement and passing off in respect of registered KATARIA marks. The suit and Interim Application No. 1663 of 2021 were filed on March 10, 2021. An ad interim order passed on March 23, 2021 limited the injunction to the domain name www.katariainsurance.co.in. The Defendant challenged the ad interim order in appeal, but by consent recorded on May 19, 2021, the appeal was set aside and IA 1663 was directed to be heard afresh. The Defendant filed an affidavit in reply on May 27, 2021, to which the Plaintiff filed a rejoinder on June 16, 2021. Pleadings were completed by June 23, 2021, and IA 1663 was listed for final hearing on July 5, 2021. However, the application remained unheard for over four and a half years. It was listed again on September 12, 2024, and thereafter adjourned on eight occasions, primarily due to paucity of time. On August 25, 2025, the matter was called out, but the extract ends before the court's observation. On December 8, 2025, a Learned Single Judge passed an Interim Order granting expansive interim reliefs in favour of the Plaintiff, restraining the Defendant from using the KATARIA mark, domain name, and corporate name. The Defendant appealed the Interim Order to the Division Bench, which set it aside on merits by order dated February 23, 2026. The Plaintiff challenged the Division Bench order before the Supreme Court. By order dated May 25, 2026, the Supreme Court set aside the Division Bench order, holding that the Defendant ought to have sought vacation of the Interim Order before the Single Bench rather than filing an appeal on merits, especially since the Defendant had not contested IA 1663. The Supreme Court remanded the matter to the Single Bench to enable the Defendant to file a vacation application, leaving all contentions open. Pursuant to this, the Defendant filed Interim Application No. 3457 of 2026 under Order XXXIX Rule 4 read with Section 151 CPC. The Court noted that IA 3457 was filed specifically in terms of the Supreme Court order. The judgment as provided ends at the commencement of the factual narrative of the hearing on August 25, 2025; therefore, the final decision, reasoning, and directions of the Bombay High Court on the vacation application are not available in the excerpt.
Issue of Consideration
Whether the Defendant is entitled to vacation of the interim order dated December 8, 2025 under Order XXXIX Rule 4 CPC in light of the Supreme Court remand order; and the scope of the Single Bench's jurisdiction on such vacation application
Law Points
- Order XXXIX Rule 4 CPC allows vacation of interim order
- Supreme Court remand directs consideration of vacation application
- ex parte interim orders must be challenged by vacation application before Single Bench rather than direct appeal on merits
Case Details
2026 LawText (BOM) (08) 96
Commercial IP Suit No. 215 of 2021 with Interim Application No. 3457 of 2026 and Interim Application No. 1663 of 2021
Somashekhar Sundaresan, J.
Dr. Birendra Saraf, Hiren Kamod, Deeksha Jani, Jinay Jain, J.P. Sen, Kunal Vaishnav, Monika Tanna, Dhara Modi, Nandita Dethe, Harkiratkaur Ahluwalia, Ameya Gaurd
Kataria Insurance Brokers Pvt. Ltd.
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Nature of Litigation
Commercial IP suit for trademark infringement and passing off concerning registered KATARIA marks.
Remedy Sought
Defendant sought vacation of interim order dated December 8, 2025 granting temporary injunction in favour of Plaintiff; Plaintiff had sought interim injunction restraining Defendant from using KATARIA marks, domain name, and corporate name.
Filing Reason
Interim order passed without Defendant's contest, leading to Supreme Court remand for vacation application.
Previous Decisions
Ad Interim Order dated March 23, 2021 limited to domain name; Division Bench order dated February 23, 2026 set aside Interim Order on merits; Supreme Court order dated May 25, 2026 set aside Division Bench order and remanded matter to Single Judge for vacation application.
Issues
Whether IA 3457 seeking vacation of Interim Order dated December 8, 2025 should be allowed in light of Supreme Court order remanding matter.
Scope of jurisdiction of Single Bench while considering IA 3457 after remand.
Judgment Excerpts
The Supreme Court ruled that the Applicant in IA 3457, Kataria Insurance Brokers Private Limited (“Defendant”) ought to have sought vacation of the Interim Order before the Single Bench instead of proceeding to appeal the Interim Order before the Division Bench on merits.
On that short ground alone, we set aside the impugned judgment of the Division Bench of the High Court and remand the matter before the learned Single Judge in order to enable the respondent herein to file an application seeking vacating of the order of temporary injunction granted by the learned single Judge on 08.12.2025.
IA 3457 has been filed under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 (“CPC”) read with Section 151 of the CPC – specifically in terms of the Supreme Court Order.
Procedural History
Suit and IA 1663 filed on March 10, 2021. Ad interim order passed on March 23, 2021 limited to domain name. Defendant filed Commercial Appeal (L) No. 9760 of 2021 against ad interim order; set aside by consent on May 19, 2021 with direction to hear IA 1663 afresh. Defendant filed affidavit in reply on May 27, 2021; plaintiff filed rejoinder on June 16, 2021; pleadings completed on June 23, 2021. IA 1663 listed for final hearing on July 5, 2021 but not heard for over four and a half years. Listed again on September 12, 2024; adjourned on eight occasions. On August 25, 2025, matter called out and noting truncated. On December 8, 2025, Interim Order passed granting expansive reliefs to Plaintiff. Defendant appealed to Division Bench; Division Bench set aside Interim Order on February 23, 2026. Supreme Court by order dated May 25, 2026 set aside Division Bench order and remanded for vacation application. IA 3457 filed under Order XXXIX Rule 4 read with Section 151 CPC.
Acts & Sections
- Code of Civil Procedure, 1908: Order XXXIX Rule 4, Section 151
