Saurashtra Cement Ltd, Throuigh power of Attorney Yogeshkumar Bhanushankar Joshi vs Parth Cement and Chemicals Industries Partnership Firm Advocate - N B SHAH From Ahmedabad — 1/2023

Case under Trade Marks Act, 1999 Section 26,27,28,28,134,135. Status: HEARING ON INJUNCTION APPLICATION. Next hearing: 20th June 2026.

TMSUIT - TRADE MARK SUIT

CNR: GJPB010004922023

HEARING ON INJUNCTION APPLICATION

Next Hearing

20th June 2026

Filing Number

1/2023

Filing Date

08-06-2023

Registration No

1/2023

Registration Date

08-06-2023

Court

DISTRICT AND SESSIONS COURT PORBANDAR

Judge

2-ADDL.DISTRICT & SESSIONS JUDGE

Acts & Sections

TRADE MARKS ACT, 1999 Section 26,27,28,28,134,135

Petitioner(s)

Saurashtra Cement Ltd, Throuigh power of Attorney Yogeshkumar Bhanushankar Joshi

Adv. H D PUROHIT and JAYAVIN K JOSHI, J K JOSHI

Respondent(s)

Parth Cement and Chemicals Industries Partnership Firm Advocate - N B SHAH From Ahmedabad

Jitendra Govindbhai Vaish Partner of Parth Cement and Chemicals Industries Partnership Firm

Adv. N B SHAH From Ahmedabad

Nishitbhai Mahendrabhai Manek Patner of Parth Cement and Chemicals Industries Partnership Firm

Adv. N B SHAH From Ahmedabad

Sureshbhai Vallabhabhai Bhuva Parth Cement and Chemicals Industries Partnership Firm

Adv. N B SHAH From Ahmedabad

Hearing History

Judge: 2-ADDL.DISTRICT & SESSIONS JUDGE

27-04-2026

HEARING ON INJUNCTION APPLICATION

15-04-2026

HEARING ON INJUNCTION APPLICATION

06-04-2026

HEARING ON INJUNCTION APPLICATION

01-04-2026

HEARING ON INJUNCTION APPLICATION

13-03-2026

HEARING ON INJUNCTION APPLICATION

Interim Orders

10-10-2025
ORDER
09-01-2026
ORDER

Case Summary: Trade Mark Suit No. 1/2023 Outcome: Defendants' application to reject the plaint was rejected. The court allowed Saurashtra Cement Ltd's trademark infringement suit against Parth Cement and Chemicals Industries to proceed to trial. Key Holdings: The court held that the Commercial Courts Act requirements (pre-institution mediation and specified value provisions) do not apply to trademark suits governed by the Trade Marks Act, 1999. Defenses regarding limitation, knowledge of the mark since 2005, and acquiescence require factual evidence and cannot be decided at the plaint rejection stage. The plaintiff had demonstrated proper court fee payment and valid authorization through Power of Attorney. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: Trade Mark Suit No. 1/2023 Outcome: Defendants' application to reject the plaint was rejected. The court allowed Saurashtra Cement Ltd's trademark infringement suit against Parth Cement and Chemicals Industries to proceed to trial. Key Holdings: The court held that the Commercial Courts Act requirements (pre-institution mediation and specified value provisions) do not apply to trademark suits governed by the Trade Marks Act, 1999. Defenses regarding limitation, knowledge of the mark since 2005, and acquiescence require factual evidence and cannot be decided at the plaint rejection stage. The plaintiff had demonstrated proper court fee payment and valid authorization through Power of Attorney. This case analysis is maintained by casestatus.in based on publicly available court records.

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