The Supreme Industries Limited v. Keshav Industries
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION MEERA MAHESH JADHAV IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 1483 OF 2024 MEERA MAHESH JADHAV Date: 2025.09.22 12:43:12 +0530 IN COMMERCIAL IP SUIT NO. 283 OF 2023 WITH LEAVE PETITION (L) NO.19215 OF 2023 WITH COURT RECEIVER REPORT NO.303 OF 2023 The Supreme Industries Limited ...Applicant/Plaintiff
Versus
Keshav Industries ...Defendant WITH INTERIM APPLICATION (L) NO.8749 OF 2024 IN COMMERCIAL IP SUIT NO. 283 OF 2023 Keshav Industries ...Applicant/Plaintiff
Versus
The Supreme Industries Limited ...Defendant ----- Mr. Vinod Bhagat a/w Ms. Sonam Pradhan, Ms. Twisha Singh i/b Vinod Bhagat, for the Applicant/Plaintiff.
Mr. Deepak S. Bhalerao, Second Assistant to Court Receiver, present. ----- CORAM : ARIF S. DOCTOR, J.
th SEPTEMBER, 2025.
DATE : 18 P.C:
The matter is on board for continuation of the ad-interim relief. Mr. Bhagat has however, drawn my attention to the fact that this Court had vide
2/3 order dated 18 th July 2025 granted the Applicant/Plaintiff exparte adinterim relief in terms of prayer clauses (a) and (c) of the Interim Application. Mr. Bhagat, further submits that the Defendant has been duly served with a copy of the papers and proceedings as also with the exparte ad-inerim order and has in fact entered appearance and filed Interim Application (L) No.8749 of 2024 seeking to vacate the exparte ad-interim order that has been passed. Mr. Bhagat points out that despite the order dated 19 th August 2024, by which the Defendant was required to file an affidavit in reply to the captioned Interim Application within a period of two weeks, no such affidavit in reply is filed. Thus, it is his submission that the Interim Application is today unopposed.
It is in this factual backdrop, Mr. Bhagat has today pressed that Leave Petition, by which the Applicant/Plaintiff has sought leave of this Court under the provisions of Clause XIV of the Letters Patent to combine the cause of action of passing of with infringement, be allowed. Having due regard to the submissions made by Mr. Bhagat and having noted the fact that the Defendant though served has not appeared, in my view, there is no reason why the Leave Petition ought not to be allowed. Hence, for the aforesaid reasons, Leave Petition is allowed in terms of prayer clause (a), which reads thus:
"a) That the Petitioner be granted Leave under Clause XIV of the Letters Patent of this Hon'ble Court to file the accompanying Plaint by way of a suit against the Respondent and combine the cause of action for passing off with the cause of action for infringement of its trade marks and direct that the cause of action for passing off be
3/3 tried alongwith the cause of action of infringement of trade marks in the same suit."
Leave Petition is accordingly disposed of.
th October 2025, List the Interim Application for final disposal on 8 High On Board.
It is made clear that if on the next date, none appears for Defendant, the Court shall proceed to take up the interim application for final disposal. Let a copy of this order be served upon the Defendant. [ARIF S. DOCTOR, J.]