COM.APPEAL.61/2021

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF MAY 2021

PRESENT

THE HON’BLE MR.JUSTICE SATISH CHANDRA SHARMA

AND

THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY

COMMERCIAL APPEAL No.61/2021

BETWEEN:

C.KRISHNIAH CHETTY & SONS PRIVATE LIMITED

AN INDIAN COMPANY INCORPORATED UNDER

THE COMPANIES ACT, 1956

CIN: U27205KA1979PTC003692

HAVING ITS REGISTERED OFFICE AT

35, COMMERCIAL STREET

BENGALURU-560 001.

AND CORPORATE OFFICE AT

THE TOUCHSTONE, A BLOCK

3-3/1 MAIN GUARD CROSS ROAD

BENGALURU-560 001.

REPRESENTED HEREIN BY ITS

CHIEF FINANCIAL OFFICER

SRI S.A.SURESH

S/O SRI A.S.ARUNACHALAM.

… APPELLANT

(BY SRI.AMIT SIBAL, SENIOR COUNSEL FOR

SRI SIVARAMAN VAIDYANATHAN, ADV.)

AND:

1.

DEEPALI COMPANY PRIVATE LIMITED

AN INDIAN COMPANY INCORPORATED

UNDER THE COMPANIES ACT, 1956

CIN: U03691K1982PTCOO4687

35, COMMERCIAL STREET

R

COM.APPEAL.61/2021

2

BENGALURU-560 001

REPRESENTED HEREIN BY ITS DIRECTOR

SRI C.GANESH NARAYAN

S/O LATE SRI C.V.NARAYAN.

2.

SRI C.GANESH NARAYAN

S/O LATE SRI C.V.NARAYAN

INDIAN, HINDU, AGED ABOUT 42 YEARS

RESIDING AT 2A, NITESH MAYFAIR

KASTURBA CROSS ROAD

BENGALURU-560 001.

3.

SMT.C.VALLI NARAYAN

W/O LATE SRI C.V.NARAYAN

INDIAN, HINDU, AGED ABOUT 77 YEARS

RESIDING AT 44 OSBORNE ROAD

ULSOOR, BENGALURU-560 042.

4.

SMT.VIDYA NATARAJ

W/O SRI C.GANESH NARAYAN

INDIAN, HINDU, AGED ABOUT 42 YEARS

RESIDING AT 2A, NITESH MAYFAIR

KASTURBA CROSS ROAD

BENGALURU-560 001.

5.

BLUESTONE JEWELLERY &

LIFESTYLE PRIVATE LIMITED

AN INDIAN COMPANY INCORPORATED

UNDER THE COMPANIES ACT, 1956

CIN: U72900KA2011PTC059678

SITE NO.89/2, LAVA KUSHA ARCADE

MUNNEKOLAL VILLAGE

OUTER RING ROAD,

MARATHALLI

BENGALURU-560 037.

REPRESENTED HEREIN BY ITS

CHIEF EXECUTIVE OFFICER

SRI GAURAV SINGH KUSHWAHA.

. . . . . .RESPONDENTS

(BY SRI UDAY HOLLA, SR.COUNSEL FOR

Ms.KRUTIKA RAGHAVAN, ADV. FOR C/R1 TO R3)

COM.APPEAL.61/2021

3

THIS

COMMMERCIAL

APPEAL

IS

FILED

UNDER

SECTION

13(1A)

OF

THE

COMMERCIAL

COURTS,

COMMERCIAL DIVISION AND COMMERCIAL APPELLATE

DIVISION OF HIGH COURTS ACT, 2015 R/W ORDER 43 RULE

1(r) OF THE CPC, PRAYING TO SET ASIDE THE IMPUGNED

ORDER AT ANNEXURE-A DATED 20.02.2021 PASSED BY THE

HON'BLE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE,

COMMERCIAL

COURT-CCH

83

AT

BENGALURU

IN

I.A.NOs.1,2 AND 3 IN COM.O.S.No.306/2020, ETC.,

THIS APPEAL HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT ON 23.04.2021 AND COMING

ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY,

VISHWAJITH SHETTY J., DELIVERED THE FOLLOWING:

J U D G M E N T

The instant commercial appeal is filed by the

appellant, who is the plaintiff before the trial court

seeking to set aside the order dated 20^th February 2021

passed by the LXXXII Addl.City Civil and Sessions

Judge and Commercial Court, Bengaluru, on I.A.Nos.1

to 3 in Commercial O.S.No.306/2020 and the appellant

has also filed the following I.As. in this appeal:

a) I.A.No.1/2021 seeking stay of the impugned

order;

b) I.A.No.2/2021

for

production

of

additional

documents;

c) I.A.No.3/2021

for

an

order

of

temporary

injunction restraining the respondent No.1 to 3

from using the disputed registered trademarks

until final disposal of the appeal;

COM.APPEAL.61/2021

4

d) I.A.No.4/2021

for

an

order

of

temporary

injunction restraining the respondent Nos.1 to 3

from using any products or services connected

with

the

jewellery

business,

the

disputed

trademarks until final disposal of the appeal;

e) I.A.No.5/2021 for staying the operation of the

common order in I.A.Nos.1 to 3 dated 20.2.2021

and

all

further

proceedings

in

Com.O.S.No.306/2020

and

all

further

proceedings therein.

2. The appellant, a Private Limited Company had

filed Commercial O.S.No.306/2020 before the trial

court praying for a judgment and decree of perpetual

injunction restraining the respondents and persons

claiming through or under them from using the

trademar