31-IA-5178-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.5178 OF 2026 WITH LEAVE PETITION (L) NO.28494 OF 2026 IN COMMERCIAL IP SUIT NO.314 OF 2026 The Indian Express (P) Ltd. …Applicant/ Plaintiff Versus Sanskar Singhaniya & Ors. …Respondents/ Defendants Mr. Rashmin Khandekar a/w. Mr. Pranit Kulkarni, Ms. Tejasvi Ghag, Ms. Yukta Palve i/b. Ms. Poorvi Kamani, for the Applicant/Plaintiff. None for the Defendants. CORAM: MADHAV J. JAMDAR, J. DATED : 17th SEPTEMBER 2026 P. C.: 1. This is an action for infringement of trademark and passing off. 2. Mr. Khandekar, learned Counsel appearing for the Applicant submits that the Defendants have been served. Inspite of service, none appears for the Defendants. Page 1 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.17 18:40:23 +0530 31-IA-5178-2026.DOC LEAVE PETITION (L) NO.28494 OF 2026 3. As no reply is filed to the Leave Petition, the averments made in the Leave Petition have remained uncontroverted. 4. Perused the plaint and the Leave Petition. 5. For the reasons set out in the Leave Petition, the same is allowed in terms of prayer clause (a). INTERIM APPLICATION NO.5178 OF 2026: 6. Mr. Khandekar, learned Counsel points out paragraph 53A of the plaint for showing the comparison of the Plaintiff’s mark and the impugned mark of Defendant Nos.1 and 2. The said paragraph No.53A is reproduced hereinbelow: Page 2 Sonali 31-IA-5178-2026.DOC Page 3 Sonali 31-IA-5178-2026.DOC 7. Mr. Khandekar, learned Counsel also points out a communication received from Defendant Nos.1 and 2 dated 11th September 2026, which reads as under: Page 4 Sonali 31-IA-5178-2026.DOC Page 5 Sonali 31-IA-5178-2026.DOC Page 6 Sonali 31-IA-5178-2026.DOC 8. In view of the communication dated 11th September 2026 of the Defendant Nos.1 and 2, which has been reproduced hereinabove, the Interim Application is allowed in terms of prayer clauses (a) to (h), which read as under: “a. That pending the hearing and final disposal of the Suit, the Defendants Nos. 1 and 2, by themselves, their directors, partners, servants, employees, agents, representatives, dealers, distributors and all persons claiming through or acting for or on their behalf, be restrained by an order and injunction of this Hon'ble Court from in any manner infringing the Plaintiff's registered THE INDIAN EXPRESS and INDIAN EXPRESS Trade marks (and the Plaintiff's registered BHARAT EXPRESS/ BHARATIYA EXPRESS marks) and/or the Plaintiff's registered 'flame-of-hope' Trade marks, by the use of the impugned mark, name, title, masthead, logo, get-up, trade dress, and/or domain name, handle or account name THE BHARAT EXPRESS/ thebharatexpress.com with or without the flame of hope or any other mark/name/logo/get-up or domain name identical with or deceptively similar to the Plaintiff's said registered Trade Marks, in respect of news/ media,/journalistic or allied services or any goods or services; b. That pending the hearing and final disposal of the Suit, the Defendant Nos. 1 and 2 themselves, their directors, partners, servants, employees, agents, representatives, dealers, distributors and all persons claiming through or acting for or on their behalf, be restrained by an order and Page 7 Sonali 31-IA-5178-2026.DOC injunction of this Hon'ble Court from passing off, and/or misrepresent the Plaintiff's registered Trade Marks or enabling others to pass off, and/or misrepresenting the Plaintiff's registered THE INDIAN EXPRESS and INDIAN EXPRESS Trade marks (and the Plaintiff's registered BHARAT EXPRESS/ BHARATIYA EXPRESS marks) and/or the Plaintiff's registered 'flame-of- hope' trade marks, as and for the services and business of the Defendants, and by use of the impugned mark, name, title, masthead, logo, get-up, trade dress, domain name, handle or account name, identical with or deceptively similar to the Plaintiff's said registered Trade Marks, or in any other manner likely to cause confusion, deception or mistake among the public by use of the aforesaid impugned mark, logo, get-up or domain name or in any manner whatsoever; c. That pending the hearing and final disposal of the Suit, the Defendants Nos. 1 and 2 and all persons acting for or on their behalf be restrained by an order and injunction of this Hon'ble Court from deleting, removing, altering, migrating, transferring, assigning, encumbering, concealing or in any manner parting with possession of (i) the impugned domain name, website, channels, handles, accounts, pages and groups, or the content, artwork, mastheads and logos thereon, and (ii) the artwork, files, contracts, invoices, books of account, records, computers, servers, electronic devices and storage media relating to the impugned venture; d. That pending the hearing and final disposal of the Suit, the Defendant No. 5 and/or the concerned Registry be ordered and directed forthwith to lock, suspend, cancel and disable the impugned domain name www.thebharatexpress.com and/or any Page 8 Sonali 31-IA-5178-2026.DOC domain name with the words THE BHARAT EXPRESS or any mark deceptively similar to the Plaintiff's marks and to prevent any transfer, assignment or change of registrant thereof; e. That pending the hearing and final disposal of the Suit, the Defendant No. 6 be ordered and directed forthwith to suspend the hosting of and to disable access to the impugned website www.thebharatexpress.com and/or any domain name with the words THE BHARAT EXPRESS or any mark deceptively similar to the Plaintiff’s Registered Trademarks; f. That pending the hearing and final disposal of the Suit, the Defendant Nos. 3, 4 and 6 be ordered and directed to remove, take down, block and/or disable access to the impugned pages, channels, handles, accounts, groups and content bearing the impugned THE BHARAT EXPRESS marks, with or without the flame of hope the particulars whereof are set out at Exhibit "V" to Exhibit "Z" of the Plaint within thirty-six (36) hours of service of the Order of this Hon'ble Court upon them, in terms of the Information Technology Act, 2000 read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; g. That pending the hearing and final disposal of the Suit, the Defendant Nos. 3 to 6 be ordered and directed to preserve all information, data, records and associated documents pertaining to the impugned domain name, website, channels, handles, accounts, pages, groups and content, including the registrant, subscriber, know-your- customer, identity, address, contact, billing, payment and access-log details and the Internet Protocol addresses and dates and times of Page 9 Sonali 31-IA-5178-2026.DOC creation of and access to the same, until the final disposal of the Suit and in any event for a period of not less than one hundred and eighty 180) days, in terms of the said Rules of 2021, and to disclose the same to the Plaintiff; h. That pending the hearing and final disposal of the Suit, the Defendant Nos. 3 and 4 be ordered and directed to suspend all monetisation, advertising revenue-sharing, subscription and partner-programme facilities in respect of the impugned channels, handles, accounts, pages and groups, and to retain and not disburse to the Defendant Nos. 1 and 2 or to any person claiming through or under them any sums accrued or accruing in respect thereof, pending further orders of this Hon'ble Court;” 9. Liberty is also granted in terms of prayer clause (i) of the Interim Application. 10. Accordingly, the Interim Application is disposed of in above terms. COMMERCIAL IP SUIT NO.314 OF 2026: 11. Mr. Khandekar, learned Counsel states that he will again serve the Defendants and the Suit can be decreed in terms of the said communication dated 11th September 2026. Page 10 Sonali 31-IA-5178-2026.DOC 12. List the Commercial IP Suit on 1st October 2026. [MADHAV J. JAMDAR, J.] Page 11 Sonali