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2025 DAILYLAW 19913 (AP)

TONIQUE BEVERAGES INDIA LLP v. DATLA CHAKRAVARDHAN REDDY

CRP/1328/2025 · 2025-05-28

Harinath N, Y Lakshmana Rao

body2025

Judgment text

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E-REl IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N AND THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I CIVIL REVISION PETITION NO: 1328 OF 2025 Petition under Article 227 of the Constitution of India, is filed being aggrieved by the Docket Order/Endorsement dated 21.05.2025 in G.L. No. 67 of 2025 in unnumbered cos. No. of 2025 and consequently direct the Hon'ble Vacation Civil Judge, Krishna Camp at Vijayawada (ln the court of the spec]-al Judge for Trial and Disposal Of Commercl'al Disputes at Vijayawada) to forthwith number the commercial suI't and COnSl®der rge injunction application filed therein. Between : 1. Tonique Beverages INDIA LLP, Having its registered office at 8-2-293/ 82/A/645, Road No. 36, Jubilee Hills, Hyderabad, Telangana - 500 033, Rep. by its president cum Authon'sed Signatory Mr. G.LN Das. 2. Anjth Raj Laxman Reddy, son of Raj Laxman Reddy, residing at H.No. 8-2-293/82 A, Plot No.762, Road No. 39, Jubilee Hills, Hyderabad, Telangana - 500033, Rep. by his power of Attorney Holder Mr. G.LN.Das. ."PETITIONERS/APPELLANTS AND Datla Chakravardhan Reddy, S/o. D. Chandrasekhar Reddy, aged 35 years, Occ Business, R/o. D.No. 5/68, Ashok Nagar,Saibaba Temple, Navalakula Gardens, NeI]ore, SPSR NeIIore District, Andhra Pradesh. ...RESPONDENT/DEFENDANT < IA NO: 2 OF2025 +`++ in`;*`a:,~-::.:I::,:I:_ :i .:, petI'tiOn under SectI-On 151 CPC praying that in the circumstances .J¢llq±t. ie,.`` 4+`state~d in the affl'davit fI'Ied in support of the petition, the High Court may be t3 ?\ f\-. i:i£u`se,g'<:#+ItE:I6+'a;s;d- to grant an ad-interim injunction --roe-:I,r-ai:'i-:;ll-Jth~: :tl `-a a ¥`'t:,i _t~#fe<srp#6 c .*J ,.A ` 1\ Ill_\' = .®€ _-*' h-W, .,r=- ndent/Defendant and his agents, or anyone acting for or on his 'i:I" h behalf from using the mark The Tonic'and/or any other mark phonetically and deceptively similar to the Petitioners/PIaintiffs' trademark Tonique in any manner. Counsel for the Petitioner: SRI SAI SANJAY SURANENI Counsel for the Respo.ndents: The Court made the following: I {!,gr. iE APHCO10278762025 LELFIT IN`THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N THE HONOURABLE DR JUS-TICE Y. LAKSHMANA RAO _CIVIL REVISION PETITION NO: 1328/2025_ Between : Tonique Beverages India LLP and Others AND Datla Chakravardhan Reddy Counsel for the Petitioner(S): 1. SAI SANJAY SURANENI Counsel for the Respondent: 1. The Court made the following Order: {perHonJb,eSn-Jt,sf,-ceHarinafh. IV, [3539] ...PETmONER(S) ...RESPONDENT `-- \`- Heard learned counsel for the Petitioners, 2. The petitioners have filed Commercial Original Suit before the Special Judge for Trial and Disposal of Commercial Disputes at Vijayawada. The petitioners are alleging violat'lon of the registered trade mark Of the Petitioners by the defendant therein. The office has taken Objection that the District prohibition and Excise Officer, Nellore would have to be made aS a Party defendant for the suit and the same was endorsed by the learned judge while returning the suit bundle. 3. lt is submitted that the Petitioners have reSubmitted the Suit Clarifying that the su-lt is for infringement of trade mark of the petitioners and that the District Prohibition and Excise Officer, Nellore has nothing tO dO With the infringement of the 'registered trade mark of the petitioners. As such, it was submitted that the District Prohibition and Excise Officer, Nellore is not a necessary party. The Office of the Commercial Court has once again returned the suit filed by the petitioners raising the same objection. 4. The objection raised by the Commercial Court is set aside. The D'lstrict prohibition and Excise Officer Nellore is not a necessary Party and nO relief against the infringement of trade mark is claimed aga-lnst the D'IStriCt prohibit-Ion and Excise Officer, Nellore. Thus, the objection raised by the office of commercial court is hereby set aside and the learned Special Judge for Trial and Disposal of Commercial Disputes at Vijayawada is directed tO number the suit and decide the same on merits. .- .ff. 5. Accordingly, the Civil Revision Petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. //TRUE COPY// A SSsd I;sTBEAffiO¥: : To, 1. The Special Judge for TrI-al and Disposal of Commercial Disputes at Vijayawada. 2. The VacatI'On Civil Judge, Krishna Camp at Vijayawada. 3. One CC to Sri Sai Sanjay Suraneni, Advocate [OPUC] 4. Two CD Copies RJ" #;a VACATION COURT HIGH COURT DATED :29/05/2025 ORDER CRP.NoI1328 of 2025 DISPOSING THE CRP WITHOUT COSTS