IN CRP NO.614/2024:

BETWEEN:

M/s. SHRI PRASANNA ANJANEYA AGROTECH

M/s. SRI PANCHAMUKHI INDUSTRIES,

SY NO.142, HISSA 1, SINDOOR ROAD,

MANVI, RAICHUR 584 123,

KARNATAKA.

REP. BY ITS PARTNER

M.R. SRIKANTH.

…PETITIONER

[BY SRI MANMOHAN P.N., ADVOCATE FOR

SRI VINAY N., ADVOCATE (PH)]

AND:

M.R.PAVAN KUMAR,

SOLE PROPRIETOR OF

MRN AGRO INDUSTRIES,

SY NO.739, GADWAL ROAD,

RAICHUR - 584 101,

KARNATAKA.

…RESPONDENT

[BY SMT. PRIYA V., ADVOCATE (PH)]

THIS CIVIL REVISION PETITION FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 19.08.2024 PASSED ON I.A. NO.4 IN OS NO.3700/2024 ON THE FILE OF XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, REJECTING I.A NO.4 FILED UNDER ORDER VII RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT.

IN MFA NO.7600 / 2024:

BETWEEN:

M.R.PAVAN KUMAR,

SOLE PROPRIETOR OF

MRN AGRO INDUSTRIES,

SY NO.739, GADWAL ROAD,

RAICHUR 584 101,

KARNATAKA.

…APPELLANT

[BY SMT. PRIYA V., ADVOCATE (PH)]

AND:

M/S.SHRI PRASANNA ANJANEYA AGROTECH

M/S SRI PANCHAMUKHI INDUSTRIES,

SY NO.142, HISSA 1, SINDOOR ROAD,

MANVI, RAICHUR 584 123,

KARNATAKA.

REP. BY ITS PARTNER

M.R. SRIKANTH.

…RESPONDENT

[BY SRI MANMOHAN P.N., ADVOCATE FOR

SRI VINAY N., ADVOCATE (PH)]

THIS MFA FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 19.08.2024 PASSED ON I.A.NOS.1 AND 2 IN OS.NO.3700/2024 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, REJECTING THE IA.NO.1 AND 2 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.

THIS PETITION AND APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 04.02.2026, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI

CAV ORDER

Challenging order dated 19.08.2024 passed by XVIII Additional City Civil and Sessions Judge, Bengaluru (‘trial Court’), on IA no.4 in OS no.3700/2024 (‘suit’) filed under Order VII Rule 11 of Code of Civil Procedure, 1908 (‘CPC’), CRP no.614/2024 is filed, while challenging order dated 19.08.2024 passed on IAs no.1 and 2 filed under Order XXXIX Rules 1 and 2 R/W Section 151 of CPC, MFA no.7600/2024 is filed. Since both matters arise out of same suit, they were clubbed together, heard and disposed of by this common order. For sake of convenience, parties will be referred to as per their ranks in Suit.

Submissions in CRP no.614/2024

2. Sri Vinay N. appearing for Manmohan PN Associates, Advocates for Revision Petitioner submitted, petitioner herein was defendant, while respondent - plaintiff in OS no.3700/2024 filed for decree of permanent injunction restraining defendants from infringement and passing off of its registered trademark 'MR GOLD', rendition of accounts and recovery of profits, delivery-up and destruction of infringing materials and other consequential reliefs etc.

3. In plaint, it was stated, plaintiff was engaged in manufacture and trade of premium quality sona masoori rice under trademark 'MRN GOLD', along with its variants 'MRN CHAND', 'MRN COPPER' and 'MRN PLATINUM', claiming continuous and uninterrupted use of 'MRN GOLD' since 13.03.2001. Originally business was run by partnership firm. In 2016, it became proprietorship and trademarks along with goodwill were assigned to it under Assignment Deed dated 15.06.2016. It was stated ‘MRN’ mark was derived from initials of head of family and was inherently distinctive and formed essential part of plaintiff's trading style. And through continuous and uninterrupted use, extensive sales turnover, substantial expenditure on advertisement and sales promotion and strong distribution network, it had acquired immense goodwill, reputation across South India and also won awards and recognitions. That apart from direct sale, plaintiff marketed and sold its goods on E-Commerce platforms/websites with domain name “<https://indiamart.com/>”, “<https://dunzo.com/>” and “<https://sriramkumaranricemundy.in/>” etc. and ‘MRN’ mark had acquired secondary meaning in market associated with plaintiff’s goods. And plaintiff held subsisting registration of trademark ‘MRN G