M/s.A.G.Pabari and Co. vs M/s. Ravi Enterprise Advocate - B H CHOTAI, J D CHHETARIYA — 1/2021

Case under Code of Civil Procedure Section 26,. Status: PLAINTIFF EVIDENCE. Next hearing: 22nd April 2026.

TMSUIT - TRADE MARK SUIT

CNR: GJDW010001542021

PLAINTIFF EVIDENCE

Next Hearing

22nd April 2026

e-Filing Number

-

Filing Number

1/2021

Filing Date

18-03-2021

Registration No

1/2021

Registration Date

18-03-2021

Court

DISTRICT COURT, KHAMBHALIA

Judge

7-PRINCIPAL DISTRICT & SESSIONS JUDGE

Acts & Sections

CODE OF CIVIL PROCEDURE, 1908 Section 26,
TRADE MARKS ACT, 1999 Section 142,
COPYRIGHT ACT, 1957 Section 60,

Petitioner(s)

M/s.A.G.Pabari and Co.

Adv. R H BHANSALI, V V KANABAR

Respondent(s)

M/s. Ravi Enterprise Advocate - B H CHOTAI, J D CHHETARIYA

Hearing History

Judge: 7-PRINCIPAL DISTRICT & SESSIONS JUDGE

07-03-2026

PLAINTIFF EVIDENCE

31-01-2026

COUNTER CLAIM

12-12-2025

COUNTER CLAIM

28-11-2025

COUNTER CLAIM

07-11-2025

COUNTER CLAIM

Interim Orders

30-08-2022
ORDER
12-12-2025
ORDER

SUMMARY: The court rejected the defendant's application under Order-7, Rule-11(D) of the CPC challenging the maintainability of the plaintiff's trademark infringement suit filed under Section 142 of the Trademarks Act, 1999 and Section 60 of the Copyright Act, 1957. The court found the plaintiff had properly pleaded a cause of action for groundless and illegal threats, the disputed issues were triable matters better suited for the main trial, and the defendant was barred by the principle of estoppel from re-agitating issues already decided during interim injunction proceedings. The defendant was ordered to pay compensatory costs of Rs. 10,000 within 15 days. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

SUMMARY: The court rejected the defendant's application under Order-7, Rule-11(D) of the CPC challenging the maintainability of the plaintiff's trademark infringement suit filed under Section 142 of the Trademarks Act, 1999 and Section 60 of the Copyright Act, 1957. The court found the plaintiff had properly pleaded a cause of action for groundless and illegal threats, the disputed issues were triable matters better suited for the main trial, and the defendant was barred by the principle of estoppel from re-agitating issues already decided during interim injunction proceedings. The defendant was ordered to pay compensatory costs of Rs. 10,000 within 15 days. This case analysis is maintained by casestatus.in based on publicly available court records.

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