- 1 - HC-KAR NC: 2025:KHC:31271-DB COMAP No. 409 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 409 OF 2025 BETWEEN: 1. TAURUS POWERTRONICS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT 26, 12TH MAIN ROAD, 1ST BLOCK, RAJAJINAGAR, BENGALURU-560 010. THROUGH ITS DIRECTOR MR. M N RAVINARAYAN. 2. TAURUS POWERTRONICS SYSTEMS, A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932, REP. HEREIN THROUGH ITS PARTNER MR. M N RAVINARAYAN, HAVING OFFICE AT 26, 12TH MAIN ROAD, 1ST BLOCK, RAJAJINAGAR, BENGALURU-560 010. 3. MR. M N RAVINARAYAN, AGED ABOUT 63 YEARS, S/O MR. M N NARASIMHAN, R/AT L-404, BRIGADE GATEWAYS, DR RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU-560 055. 4. MRS. GAYATHRI RAVINARAYAN, AGED ABOUT 61 YEARS OLD, W/O MR. M N RAVINARAYAN, R/AT L-404, BRIGADE GATEWAYS, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31271-DB COMAP No. 409 of 2025 DR. RAJKUMAR ROAD, BENGALURU-560 055. …APPELLANTS (BY SRI C.K NANDAKUMAR, SENIOR ADVOCATE A/W SRI DEEPAK BHASKAR, ADVOCATE) AND: 1. M.K SRINIVASAN, PROPRIETOR OF MKS SYSTEMS, AGED ABOUT 59 YEARS OLD, S/O M K SEETHARAM, R/AT NO.89, EAST PARK ROAD, MALLESWARAM, BENGALURU-560 055. 2. M K SRINIVASAN SYSTEMS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT NO.33, 17TH CROSS, MALLESWARAM, BENGALURU-560 055. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, AG/SENIOR ADVOCATE A/W SRI S ISMAIL ZABIULLA, ADVOCATE FOR R-1 & 2) THIS COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURTS ACT 2015 , PRAYING TO ADMIT AND ALLOW THE PRESENT APPEAL AND, BY SO DOING, SET ASIDE THE IMPUGNED ORDER (ANNEXURE A) DATED 16.06.2025 AS PASSED BY THE LEARNED LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT CCH-89) AT BENGALURU IN THE COMMERCIAL ARBITRATION APPLICATION BEARING COM.A.A.168/2024. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE AND HON'BLE MR. JUSTICE C M JOSHI - 3 - HC-KAR NC: 2025:KHC:31271-DB COMAP No. 409 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) The appellants have filed the present appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning an order dated 16.06.2025 passed by the learned LXXXVIII Additional City Civil and Sessions Judge, Bengaluru [Commercial Court] in Com.A.A.No.168/2024. Respondent Nos.1 and 2 had filed the said petition under Section 9 of the A&C Act seeking certain interim measures of protection in context of the settlement agreement arrived at between the parties on 28.12.2021. 2. In terms of the said settlement agreement, the appellants had assigned certain trademarks to the respondents which form the subject matter of disputes between the parties. 3. In the impugned order, the learned Commercial Court had confirmed the ad-interim orders passed on - 4 - HC-KAR NC: 2025:KHC:31271-DB COMAP No. 409 of 2025 08.01.2025. The operative portion of the same reads as under: "I.A No.2 to 4 filed by the Applicant U/Sec.9 of the Arbitration and Conciliation Act 1996 r/w Order 39 Rule 1 & 2 and Sec.151 of CPC respectively are hereby allowed. The respondents No.1 to 4 are hereby restrained by way of temporary injunction from infringing, passing of its products, incorporating or misappropriating or illegal adopting or using directly or indirectly, adopting and or using the applicants trademark TAURUS or any other mark identically or defectively similar there too till disposal of the main case." 4. After some arguments, learned counsel for the appellants submits that a) there is no grievance with the interim order at this stage, subject to it being clarified that the impugned order does not preclude the appellants from using their corporate names; and b) all rights and contentions of the parties be kept open. 5. Learned Senior Counsel appearing for the Respondents has no objection to the said suggestion. - 5 - HC-KAR NC: 2025:KHC:31271-DB COMAP No. 409 of 2025 6. In view of the above, we dispose of the present appeal by clarifying that the name 'TAURUS' cannot be used by the appellants as expressly directed by the learned Commercial Court. We also clarify that all rights and contentions of the parties are left open and the Arbitral Tribunal will adjudicate the disputes between the parties uninfluenced by any observations made in the impugned order. Pending applications, if any, stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 15