- 1 - HC-KAR CNR: KAHC010323322026 NC: 2026:KHC:50938-DB COMAP No. 263 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 263 OF 2026 BETWEEN: 1. SHRI MOHAMMED RAFIQ SON OF LATE MOHAMMED ISHAQ AGED ABOUT 62 YEARS SHOP NO.93/1, A-BLOCK, 3RD CROSS ROAD, APMC YARD, BANDIPALYA, MYSURU-570005. …APPELLANT (BY SRI. MOHAMMED ZABIULLA KHAN., ADVOCATE) AND: 1. M/S SHRI PRASANNA ANJANEYA AGROTECH SY.NO.142, HISSA-1, SINDNOOR ROAD, MANVI, RAICHUR-584123. DULY REPRESENTED BY ITS AUTHORIZED SIGNATORY …RESPONDENT (BY SRI. MANMOHAN.P.N FOR SRI. VINAY N., ADVOCATE) THIS COMMMERCIAL APPEAL FILED UNDER SEC.13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010323322026 NC: 2026:KHC:50938-DB COMAP No. 263 of 2026 ASIDE THE IMPUGNED ORDER DATED.09.10.2025 PASSED ON IA NO.3 IN COM.O.S.NO.125/2024 BY THE COMMERCIAL COURT AND SECOND ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, AS THE SAID ORDER IS PATENTLY PERVERSE, LEGALLY UNSUSTAINABLE, CONTRARY TO THE MANDATE OF SECTIONS 27,28 AND 29 OF THE TRADE MARKS ACT, 1999, AND AMOUNTS TO AN UNJUSTIFIED RESTRAINT ON A REGISTERED PROPRIETOR WHILE CONFERRING UNLAWFUL MONOPOLY UPON AN UNREGISTERED CLAIMANT. REJECT IN TOTALITY IA NO.3 FILED BY THE RESPONDENT PLAINTIFF BEFORE THE TRIAL COURT, HOLDING THAT A PARTY WHO HAS NO REGISTRATION NO ASSIGNMENT, NO CHAIN OF TITLE, AND WHO HAS EXPRESSLY PRINTED DISCLAIMERS RELINQUISHING PROPRIETARY RIGHTS, CANNOT IN LAW SEEK OR OBTAIN ANY INJUNCTORY PROTECTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) After some arguments, learned counsel for the appellant submits that he would like to withdraw this appeal and will - 3 - HC-KAR CNR: KAHC010323322026 NC: 2026:KHC:50938-DB COMAP No. 263 of 2026 pursue the appeal pending before the Division Bench at Madras High Court. 2. In view of the aforesaid submission, this Commercial Appeal is dismissed as withdrawn. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE NG CT:SN List No.: 1 Sl No.: 36