K Arjun Singh and Others v. GM Modular Pvt. Ltd.

1. We find from a reading of the impugned ad interim order that it has injuncted registered trademarks of the appellant after returning a finding of infringement which, according to our decision in Vaidya Rishi India Health Pvt v Suresh Dutt Parashar[1] read with the judgment of the Supreme Court in S. Syed Mohideen v P. Sulochana Bai[2] is ex facie impermissible.

2. Insofar as the aspect of passing off is concerned, there is no Judgment dated 7 August 2025 in FAO (COMM) 122/2024 categorical finding of goodwill.

3. Given this position, Mr. Bansal, learned Counsel for the respondent is agreeable to the impugned order being set aside with a direction to the learned Commercial Court to decide the application under Order XXXIX Rules 1 and 2 of the CPC of the respondent finally, uninfluenced by any observation contained in the impugned order.

4. We order accordingly.

5. We are informed that the interim application of the respondent is now listed before the learned Commercial Court on 26 November

2025.

6. In view of the fair stand adopted by Mr. Bansal, we deem it appropriate to advance the hearing of the Order XXXIX Rules 1 and 2 application to 10 October 2025.

7. Both sides are directed to place on record short notes of their respective submissions not exceeding four pages each after exchanging copies with each other at least a week in advance of the next date of hearing on the file of the learned Commercial Court.

8. The learned Commercial Court would proceed to decide the Order XXXIX Rules 1 and 2 application uninfluenced by any observation contained in the impugned order.

9. The appeal is allowed to the aforesaid extent.

10. All issues of fact and law shall be remained open to be argued before the learned Commercial Court.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J. SEPTEMBER 11, 2025