The High Court directed the trial court to dispose of an application for ad interim relief regarding the preservation of deceptively similar trademarks within one week, following the principles laid down by the Supreme Court and the High Court's co-ordinate bench.

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT SETTING ASIDE THE IMPUGNED ORDER DATED 06/02/2026 ONLY TO THE EXTENT THAT EX PARTE AD INTERIM RELIEF WAS DECLINED AND EMERGENT NOTICE WAS ISSUED ON I.A. NO. III IN COM O.S. 5014/2026 BY THE HON’BLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HUBBALLI PRODUCED AT ANNEXURE A; AND B. AWARD THE COSTS OF THESE PROCEEDINGS TO THE PETITIONER AND ETC.,.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. The petitioner filed this writ petition seeking the following reliefs:

“a. Issue a Writ of Certiorari or any other writ setting aside the impugned order dated 06/02/2026 only to the extent that ex parte ad interim relief was declined and emergent notice was issued on I.A. No. III in Com O.S. 5014/2026 by the Hon’ble V Additional District and Sessions Judge, Hubballi produced at Annexure A;

and b. Award the costs of these proceedings to the Petitioner.

c. Such further and/or other orders as this Hon’ble Court may deem appropriate in the circumstances.”

2. Brief facts leading rise to the filing of this writ petition are as follows:

3. The petitioner filed I.A.III for before the trial Court. The trial Court declined to grant an ad interim order on I.A.III.

4. Counsel for the petitioners submit that a direction be issued to the trial Court to consider I.A.III for passing in an ad interim order pursuant to the judgment rendered by the Hon'ble Apex Court in case of Lakshmikant V. Patel v. Chetanbhat Shah and others , MANU/SC/0763/2001 and the judgment passed by the Co-ordinate Bench in the case of Newspace Research v. Anirudh, Putsala and Ors. disposed of on 29.01.2025. Hence, on this ground he prays to issue a direction to the trial Court to consider I.A.III filed in Commercial O.S. No.5014 of 2026 pending on the file of the learned V Additional District and Sessions Judge, Hubballi.

5. Heard the learned counsel for the petitioner and perused the records.

6. As the petitioner has filed an application I.A.III seeking to pass an order directing the defendants to preserve any/all materials bearing identical and deceptively similar trademarks SV gold and/or SVT figure or any other mark which is identical or deceptively similar to the plaintiff’s trade mark by appointing a court commissioner. The trial Court declined to grant an ad interim order on I.A.III and issued a notice to the respondents.

7. Learned counsel for the respondents prays to dispose of the writ petition in pursuance of the order passed by the judgments referred supra.

8. In view of the proposition laid down by the Hon’ble Apex Court in the case of Laxmikant V. Patel referred (supra) and by the co-ordinate bench of this Court in the case of Newspace Research referred (supra), the trial Court is directed to dispose of I.A.III in terms of the aforesaid judgments within one week from the date of a receipt of copy of this order.

Liberty is reserved to the petitioner to seek for advancement of date of hearing before the trial court.

With the aforesaid observations, the writ petition is disposed of.

Pending applications, if any, stand disposed of.