The Supreme Court has declined to interfere with a Delhi High Court order in a trademark dispute over the ‘KALASH’ mark and directed the Commercial Court to expeditiously decide the pending injunction application while leaving all issues open for adjudication.
The case arose from a Special Leave Petition (SLP) filed by Shivang Edibles Oils Ltd., challenging a judgment of the Delhi High Court, which had set aside an ex parte ad interim injunction restraining the defenders from using the ‘KALASH’ trademark.
The High Court had held that the Trial Court failed to adequately consider competing proprietary claims and prior use before granting relief without hearing the defendant. The Delhi High Court had also directed the Trial Court to decide the injunction application independently, without being influenced by any observations made in the present order, and to do so expeditiously after completion of pleadings.
Read at- No Ex Parte Injunction in Trademark Disputes Involving Competing Proprietary Claims; Delhi HC in ‘KALASH’ TM Dispute https://thebarbulletin.com/delhi-hc-kalash-trademark-dispute/
Noting the fact that pleadings were complete and the matter was already listed before the Commercial Court for June 04, 2026, the Bench of Justice K.V. Viswanathan and Justice Vipul M. Pancholi refused to interfere at this stage. The Court directed the Commercial Court to take up the injunction application under Order 39 Rules 1 and 2 CPC in the week commencing May 4, 2026, and dispose of it at the earliest. It clarified that it has not expressed any opinion on the merits and the matter must be decided independently, uninfluenced by either its observations or those in the impugned High Court order.
The parties were granted liberty to place this order before the Commercial Court, which shall proceed in accordance with these directions. With these directions, the Special Leave Petition was disposed of.
Appearances
Petitioner- Mr. Mukul Rohatgi, Sr.Adv. Mr. Neeraj Grover,Adv. Mr. Arjun Mahajan, Adv. Mr. Sumit R.Sharma, Adv. Ms. Rashi Khanna, AOR Mr. Raghvendra N.Budholia, Adv. Mr. Keshav Sehgal, Adv. Mr. Sagar Agarwal, Adv. Mr. Piyush Gautam, Adv. Mr. Harshit Kapoor, Adv. Mr. Manav Singh, Adv. Mr. Siddhant Bajaj, Adv. Mr. Aryan Verma, Adv. Ms. Chaitanya Grover, Adv. Ms. Bhavya Arora, Adv.
Respondents- Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. J. Sai Deepak, Sr. Adv. Mr. Yatin Chadha, Adv. Mr. Mayank Chadha, Adv. Mr. Dr. Harsh Surana, Adv. Mr. Priyansha Sharma, Adv. Mr. Palash Singhai, AOR Mr. Kunal Khanna, Adv. Mr. Gurvinder Singh, Adv. Mr. Abhishek, Adv. Mr. Harshal Sareen, Adv. Ms. Aashima Gauta
