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2024 Supreme(Kar) 188

ANANT RAMANATH HEGDE
BTV Kannada Private Limited – Appellant
Versus
Eaglesight Media Private Limited – Respondent


Advocates appeared:
Ashok Haranahalli, Sr. Counsel a/w Sri Sunil Rao, Advocate, for the Petitioner; Sri K N Phanindra, Sr. Counsel a/w Sri Deepak B R, Advocate for R1, Sri D.R. Ravishankar, Sr. Counsel a/w Sri Chandrashekar L, Advocate for R2, Sri/Smt Bhanu H M, Advocate for R3, Smt Suhana S, Advocate for R4, for the Respondent.

ORDER

Anant Ramanath Hegde, J.

In a suit for injunction, alleging passing off under the Trade Marks Act, 1999, can the 'specified value' of the subject matter of the suit, be determined applying Section 50 of the Karnataka Court Fees and Suit Valuation Act, 1958 is the question that needs to be answered in this petition.

2. Respondent in this appeal filed the suit for an injunction in respect of movable, immovable as well as intangible properties. In the said suit filed before the City Civil Court at Bengaluru, defendant No.3 filed a memo to reject the plaint on the premise that the value of the properties exceeds Rs. 3 lakhs, as such, only the designated Commercial Court can try the suit and the suit is not maintainable before the City Civil Court.

3. The Court dismissed the memo vide order dated 03.09.2022. CRP No.545/2022 was filed challenging the said order, this Court vide order dated 13.12.2022 directed the plaintiff to estimate the "specified value" as per Section 12 of the Commercial Courts Act, 2015 (for short 'Act of 2015').

4. After the disposal of CRP No.545/2022, the plaintiff filed I.A.No.13 valuing only the relief sought over the intangible property at Rs.2,50,000/-witho

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