Neutral Citation No. - 2025:AHC:86568 Court No. - 10 Case :- MATTERS UNDER ARTICLE 227 No. - 14200 of 2024 Petitioner :- Mr Jalapenos And Another Respondent :- Ravindra Kumar Dubey, Director, Baati Chokha Foods Pvt Ltd. Counsel for Petitioner :- Shashi Kant Shukla Counsel for Respondent :- Kaif Mohammad Hon'ble Piyush Agrawal,J. Heard learned counsel for the parties. The petitioners before this Court are seeking quashing of the impugned order dated 24.10.2024 passed by the learned Presiding Officer, Commercial Court, Varanasi in Suit No. 99/2024; whereby, ex parte temporary injunction application has been allowed in faovur of the respondent. Learned counsel for the petitioners submits that the petitioner - firm was using the trademark "Baati Chokha', but the respondent violated the Trademark Act by using the same. The plaintiff - respondent instituted Suit No. 99/2024 for permanent injunction restraining the defendants - petitioners from using, selling, offering for sale, exhibiting, etc. under the trademark "Baati Chokha" in the Court of Presiding Officer, Commercial Court, Varanasi, in which vide impugned order dated 24.10.2024, without issuing any notice to the defendants- petitioners, granted temporary injunction in favour of the respondent in violation of the principle of natural justice. To the said submission, learned counsel for the respondent could not justify the same. No useful purpose will be served in keeping the matter pending. The impugned order shows that no proper opportunity has been granted to the petitioners before passing the impugned order, which is in violation of the principle of natural justice. In view of the above, the matter requires reconsideration. For that purpose, the impugned order dated 24.10.2024 passed by the learned Presiding Officer, Commercial Court, Varanasi in Suit No. 99/2024 is hereby set aside. The matter is remanded back to the court concerned for deciding the issue afresh in accordance with law after giving opportunity of hearing to the parties concerned and without granting any unnecessary adjournments to either of the parties. It is expected that an appropriate order would be passed within a period of two months from the date of receipt of a certified copy of this order. The petition is, accordingly, disposed of. Order Date :- 22.5.2025/Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad