- 1 - HC-KAR NC: 2025:KHC:20807-DB COMAP No. 558 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 558 OF 2024 BETWEEN: KRISH-V FACILITY MANAGEMENT SERVICES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 CIN: U74999JA2022PTC164813 HAVING ITS REGISTERED OFFICE AT No.1797, 1ST STAGE, 5TH BLOCK, HBR LAYOUT BENGALURU-560 045 REP. BY ITS GPA HOLDER SRI. L.V. PRASANNA KUMAR …APPELLANT (BY SRI. P.N. MANMOHAN, ADVOCATE FOR SRI. VINAY N., ADVOCATE) AND: KRISHVI PROJECTS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT No.02, "KRISHVI", FIRST FLOOR HAL AIRPORT ROAD DOMLUR, BENGALURU-560 071 EMAIL ID: support@krishvi.com REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. ARHANTH DINESH …RESPONDENT Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20807-DB COMAP No. 558 of 2024 (BY SRI. NAMAN JHABAKH, ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE FOR C/R) THIS COMAP IS FILED UNDER SEC.37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W SEC.13(1-A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO (i) SET ASIDE IMPUGNED ORDER DATED 05.12.2024 PASSED IN COM.MISC No.75/2024 BY THE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-86) AND CONSEQUENTLY ALLOW COM.MISC No.75/2024 AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed challenging an order dated 05.12.2024 in Com.Misc.No.75/2024, passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-86) (Commercial Court), dismissing an application filed under Order IX Rule 13 r/w Section 151 of CPC for setting aside the judgment and decree passed in Com.O.S.No.970/2024, dated 04.09.2024. 2. It is submitted by the learned counsel appearing for the appellant that a suit was filed by the - 3 - HC-KAR NC: 2025:KHC:20807-DB COMAP No. 558 of 2024 respondent herein for permanent injunction, restraining the appellant herein or any one claiming through or under them from infringement of the trademark of the respondent, and passing off of the respondent's Trademark "KRISHVI" by using deceptively similar "Krish- V" mark logo, or any other deceptively similar trademark, trade name, or trading style etc. It is submitted that suit summons was served on the appellant. However, due to inadvertence, the next date of hearing was wrongly noted as '03.09.2024' instead of '03.08.2024'. It is further submitted that on 02.09.2024, when the representative of the appellant- Company approached its counsel to file vakalath, it was noticed that the matter had been listed on 03.08.2024 and had already been heard. The appellant was placed ex-parte and that the suit was posted for judgment on 04.09.2024. It is contended that though attempts were made by the appellant to get the ex-parte set aside and to contest the suit on merits, the applications filed in that regard were also dismissed. - 4 - HC-KAR NC: 2025:KHC:20807-DB COMAP No. 558 of 2024 3. Learned counsel for the appellant submits that the appellant only seeks a chance to raise his contention on merits before the Trial Court. 4. Learned counsel for the respondent, on the other hand, contends that an ex-parte order of injunction had been issued on 18.07.2024, which was duly served on the appellant. It is submitted that the application filed to vacate the temporary injunction had also been dismissed by the Trial Court. It is submitted that even thereafter, the appellant is violating the orders of the temporary injunction. It is contended that if the orders of the temporary injunction are complied with, the respondent has no objection for the matter being considered on its merits. 5. Having considered the contentions advanced on either side, and in view of the submissions made by the learned counsel for the appellant, we are of the opinion that it is for the Trial Court to consider the contentions of the parties on merits. - 5 - HC-KAR NC: 2025:KHC:20807-DB COMAP No. 558 of 2024 6. In the above view of the matter, the order impugned in this appeal is set-aside. There will be a direction to the Trial Court to take up the matter at the stage that the matter stood before the Trial Court and to consider on merits. The parties shall be given an opportunity to place their respective pleadings and evidence on record and appropriate orders shall be passed in accordance with law without undue delay. However, it is made clear that we have not interfered with the order of temporary injunction granted by the Trial Court. The order of temporary injunction being still in force, the appellant is free to move necessary applications, in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 14