Reserved On : 16/12/2025 Pronounced On : 16/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/APPEAL FROM ORDER NO. 207 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/APPEAL FROM ORDER NO. 207 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRAL R. MEHTA ==========================================================

Approved for Reporting Yes No ✔

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MR. ANIL GOPALJI THACKER Versus MR. DAVDA JAYDEEPKUMAR JAGDISHCHANDRA ==========================================================

Appearance:

MR HARSHIT TOLIA, SENIOR ADVOCATE WITH MR PRATIK K CHAUDHARY(8359) for the Appellants MR KAMAL B. TRIVEDI, SENIOR ADVOCATE with MR SHIVANG A THACKER(7424) for the Respondent MR AR THACKER(888) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

CAV JUDGMENT

1. The present Appeal from Order under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) is directed against the order dated 12.08.2025 passed by the learned 8^th Additional District Judge, Bhuj–Kutch below Exh.5 in Trademark Suit No.1 of 2025 instituted by the appellant. By the said order, the learned trial Court was pleased to reject the application for interim injunction preferred by the appellant and consequently, vacated the ex-parte ad-interim injunction granted earlier on

15.05.2025.

2. The appellant herein is the original plaintiff, whereas the respondent herein is the original defendant in the aforesaid suit. For the sake of convenience and to avoid any confusion, the parties shall hereinafter be referred to in accordance with their original status before the trial Court, i.e., as plaintiff and defendant.

Case of the plainti

3. The case of the plaintiff, as set out in the plaint, is that the plaintiff is the adopter, proprietor and user of the device mark / trademark and is inter alia engaged in the business of construction and renovation of buildings, construction and repair works, residential and commercial building construction, construction of hotels, restaurants and resorts, as well as land development, since the year 2015. It is stated that the plaintiff initially commenced business activities at Deesa in District Banaskantha, which have subsequently expanded to the District of Kutch.

3.1 It is further averred that in the year 2015, a partnership firm was constituted in the name and style of “Shree Kshetrapal Agritech”. Thereafter, in the year 2016, a private limited company, namely M/s. Shree Kshetrapal Oil Refinery Pvt. Ltd., came to be incorporated. Subsequently, other entities, namely Shree Kshetrapal Infrastructure, Shree Kshetrapal Building Materials and Shree Kshetrapal Infra LLP, were also formed by the plaintiff.

3.2 According to the plaintiff, in the course of the aforesaid business activities, several real estate projects have been launched in and around Bhuj–Kutch, including Shree Kshetrapal Prime, Shree Kshetrapal Arcade, Shree Kshetrapal Commercial and Industrial Park, Shree Kshetrapal Residency, Shree Kshetrapal Landmark, Shree Kshetrapal Epitome, Shree Kshetrapal Infinity, Shree Kshetrapal Square-1, Shree Kshetrapal Square-2 and Shree Kshetrapal Icon.

3.3 It is the further case of the plaintiff that, with a view to secure protection of its trademark / trade name “Shree Kshetrapal”, an application bearing No.6138925 came to be filed under the provisions of the Trade Marks Act, 1999 for registration of the device mark under Class 37, and the said mark has been duly registered by the Registrar of Trade Marks. It is also stated that another application bearing No.6981533 has been filed for registration of the word mark “Shree Kshetrapal”, which is presently pending adjudication.

3.4 On the strength of the aforesaid registration of the device mark , the plaintiff claims entitlement to protect the said trademark and restrain any infringement thereof. According to the pla