2026:CGHC:7726-DB The date The date The date when the judgment is uploaded on when the when the the website judgment is judgment is reserved pronounced Operative Full

05-01-2026 12-02-2026 - 12-02-2026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment reserved on : 05-01-2026 Judgment delivered on : 12-02-2026 MA No. 66 of 2024 M/s Shri Bajrang Power And Ispat Limited Having Registered Office At Village Borjhara, Urla Guma Road, Urla Growth Center, Raipur-

493221, (C.G.) Through Its Authorized Signatory Mr. Sanjay Kamboj ... Appellant/plaintiff versus

1 - Mr. Mukesh Goyal R/o 216, Deshbandhu Complex, 2nd Floor, Near Agrasen Chowk, Ramsagarpara, Raipur- 492001, (C.G.) India

2 - M/s Goyal Global Steel Suppliers 216, Deshbandhu Complex, 2nd Floor, Near Agrasen Chowk, Ramsagarpara, Raipur- 492001, (C.G.)

India

3 - Goyal Global Metal Mart Pvt. Ltd. 216, Deshbandhu Complex, 2nd Floor, Near Agrasen Chowk, Ramsagarpara, Raipur- 492001, (C.G.), India

4 - Goyal Global Ispat Private Ltd. 216, Deshbandhu Complex, 2nd Floor, Near Agrasen Chowk, Ramsagarpara, Raipur- 492001, (C.G.), India

5 - Goyal Steel Supply Company Infra Development Private Ltd. 23A N S Road, 10th Floor, Room No. 2, Kolkata- 700001, West Bengal

6 - Nihal Traders Main Road, Ambagarh Chowki, District Mohla-

Maanpur Chowki, (C.G.) India

7 - Raj Steel Champa Main Road, Opposite Sabsibaba Petrol, Champa, (C.G.) India ... Respondents Hon'ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Radhakishan Agrawal, JJ

CAV Judgment

Per Rajani Dubey, J Challenge in this appeal is to the legality and validity of the order dated 28^th May, 2024 passed by learned Commercial Court (District Judge Level), Raipur in Civil Suit No.01-A/2022 whereby the application filed by the appellant/plaintiff under Order 39 Rule 1 & 2 of CPC has been rejected. (Parties shall hereinafter be referred to as per their description before the learned Commercial Court.)

02. Case of the plaintiff, in brief, is that the Plaintiff is the prior user and prior registrant of the trademark GOEL and its variants and formatives in relation to manufacture and trade of TMT bars and sarias and related goods. Plaintiff is the user from the year 2000 in relation thereto and the plaintiff holds various trademark registrations as detailed in para No.6 of the Appeal (para No.8 of the plaint). For example plaintiff’s registration under No.1122404, 1399503 and 1469138 all in class 6 are with the user in the year 2000. Appellant has filed numerous documents in support of its use. The defendants are trader dealing in selling TMT Bars of various manufacturers like Jindal, Tata, SAIL etc. They were retailing TMT Bars of the plaintiff (plaintiff’s sister concern) under the trademark GOEL. Thus the defendants cannot challenge the plaintiff’s rights. The defendants malafide attempted to or has ventured into and sought solicitation of his own manufacture and trade of TMT Saria under the trademark GOYAL GLOBAL in or about November/December, 2021 instead of retailing business. This is apparent from the defendants own documents. Thus cause of action has arisen and suit was filed immediately thereafter.

03. It was further averred that the plaintiff has no objection to the defendants’ use of the trademark/trade name GOYAL GLOBAL in relation to its existing business of a trader in the goods of other manufactures including those of the plaintiff. All documents filed by the defendants including invoices and income tax returns show them only as a trader. The defendants ventured into the plaintiff’s business under the impugned trademark/trade name malafide and to derive benefit from the plaintiff’s business and its goodwill. The trademark embossed upon the TMT saria Bars which are black and dark products is the trademark GOEL and GOYAL GLOBAL There is close phonetic, visual, conceptual resemblance between the trademark GOEL and GOYAL. The word GLOBAL is only laudatory and embellishes the trademark GOYAL. The word/mark GOEL and GOYAL are the essential and di