SAH AGENCIES PVT. LTD. Vs. CINNI FOUNDATION

JUDGEMENT

(1.) Heard Shri Anupam Kulshreshtha, learned counsel for the defendant-appellants, Shri Ashish Kumar Singh, learned counsel for plaintiff-respondents and perused the record.

(2.) The present appeal has been filed by the defendants of Original Suit No.10 of 2025 challenging the order dtd. 5/4/2025 passed by the Presiding Officer, Commercial Court, Varanasi. The order impugned is in three parts; the first part dispenses with the statutory requirement of pre-institution mediation contemplated under Sec. 12-A of the Commercial Courts Act, 2015 (in short 'the Act'); the second part grants ex- parte interim injunction in favour of the plaintiff-respondents and the third part relates to appointment of Amin Commissioner and Advocate Commissioner to conduct some investigation.

(3.) The aforesaid suit was instituted praying for a decree for permanent prohibitory injunction restraining the defendants, their assigns, agents, representatives, distributors, heirs, successors, stockiests and others acting for and on their behalf from using, selling, soliciting, exporting, displaying, advertising etc. or, in any other manner, dealing or using the trademark 'CINNI' forming similar words/marks thereto and also restraining them from disposing of or dealing with the assets and stock in trade. A decree for mandatory injunction was also claimed directing the defendants to deliver all the finished and unfinished materials bearing the impugned and violative trademark including its blocks, labels, display boards, signboards, trade literature and goods etc. to the plaintiffs. Further decree for accounting was also claimed.