Yulu Bikes Private Limited vs Kinetic Green Energy And on 23 February, 2024

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Karnataka High Court

Yulu Bikes Private Limited vs Kinetic Green Energy And on 23 February, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                        NC: 2024:KHC:7610
                                                   WP No. 3495 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                      BEFORE
                     THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                       WRIT PETITION NO. 3495 OF 2024 (GM-CPC)
            BETWEEN:

            1.   YULU BIKES PRIVATE LIMITED
                 A COMPANY INCORPORATED UNDER THE
                 COMPANIES ACT 2013,
                 BEARING CIN U77210KA2017PTC105368
                 HAVING ITS REGISTERED OFFICE AT
                 EXORA BUSINESS PARK/PRESTIGE
                 TECH PARK II, 2ND FLOOR, WING A
                 BELLANDUR KHANE VILLAGE OUTER
                 RING ROAD BENGALURU - 560 103.
                 REPRESENTED BY ITS AUTHORISED
                 REPRESENTATIVE MR AMIT GUPTA (DIRECTOR).
                                                        ...PETITIONER
            (BY SRI. SRINIVASA RAGHAVAN, SENIOR COUNSEL FOR
               SRI. ABHINAY.V., ADVOCATE)

            AND:

Digitally   1.   KINETIC GREEN ENERGY AND
signed by        POWER SOLUTIONS LIMITED
KIRAN
KUMAR R          A COMPANY INCORPORATED UNDER THE
Location:        COMPANIES ACT 1956
HIGH
COURT OF         BEARING CIN U31101PN2011PLC139837
KARNATAKA        HAVING ITS REGISTERED OFFICE AT D -1
                 BLOCK PLOT NO 18/2 KINETIC
                 INNOVATION PARK, H K FIRODIA
                 MARG, CHINCHWAD PUNE,
                 MAHARAHTRA, 411019.
                                                      ...RESPONDENT
            (BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR
                SRI.SUNDARA RAMAN.M.V., ADVOCATE)

                 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
            227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE
            THE IMPUGNED ORDER DTD 29.01.2024 (ANNEXURE-A) ON IA
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                                                  NC: 2024:KHC:7610
                                              WP No. 3495 of 2024




NOS.1 TO 3 IN COM. OS NO. 151/2024(PENDING ON THE FILE OF
THE HONBLE LXXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU (CCH NO. 85) TO THE EXTENT OF REFUSAL TO
GRANT EX-PARTE AD-INTERIM TEMPORARY INJUNCTIVE
RELIEFS), ETC.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

1. This petition by the plaintiff in Com.O.S. No.151/2024 on the

file of the Commercial Court is directed against the impugned order

dated 29.01.2024, whereby the Commercial Court has declined to

grant ad-interim order of injunction in favour of the petitioner –

plaintiff and directed issuance of emergent notice and suit

summons to the respondent -defendant.

2. On 05.02.2024, this Court passed the following order-

“ORDER

Issue emergent notice to respondent returnable
by 23.02.2024.

In the meanwhile, there shall be an order of
temporary injunction restraining the Respondent,
its partners, directors, officers, men, servants,
agents, distributors, successors in business,
retailers, legal representatives, assigns or any
other person claiming through or under them,
from in any manner using, selling, offering for
sale, advertising its services and products or
otherwise dealing with the trade mark ‘YULU’
and associated trade marks YULU, PEDAL THE
CHANGE, YULU, YULU, yulu, and, singularly or
in combination with any other word and/or any
mark similar or deceptively similar thereto
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WP No. 3495 of 2024

including ‘ZULU’ and ‘KINETIC GREEN ZULU’
or any other mark identical or deceptively similar
and thereby passing off their products, services
and business as and for the products, services
and business of the Petitioner or in any other
manner whatsoever and from committing acts of
infringement in relation to the same, till the next
date of hearing. Liberty is reserved in favour of
the respondent to seek vacation / modification of
this order.

Re-list on 23.02.2024.”

3. Subsequently, the respondent – defendant having entered

appearance submitted that the interim order passed against them

is working great hardship and as such the Trial Court may be

directed to prepone or advance the matter from 04.03.2024 to

27.02.2024 on which date the respondent would file their objections

to the interim applications with a direction to the Commercial Court

to dispose off the applications as early as possible.

4. Per contra, learned Senior Counsel for the petitioner submits

that petitioner does not have any objection for directions to be

issued to the Trial Court for expeditious disposal of the interim

applications. It is, however, submitted that till disposal of the

interim applications by the Commercial Court, the interim order

dated 05.02.2024 is to be continued between the parties.
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WP No. 3495 of 2024

5. In view of the aforesaid facts and circumstances and joint

submissions made by both sides, though several contentions have

been urged by both sides in support of their respective claims,

without expressing any opinion on the merits / demerits of the rival

contentions, I deem it just and appropriate to direct the Commercial

Court to prepone the suit from 04.03.2024 to 27.02.2024 on which

date the respondent shall file the statement of objections along with

documents. Immediately thereafter, Commercial Court shall

consider and pass appropriate orders on the Interim applications

No.1 to 3 as expeditiously as possible and at any rate on or before

11.03.2024.

6. All rival contentions on all aspects of the matter are kept

open and the Commercial Court is directed to dispose of I.As. No.1

to 3 without being influenced by the findings and observations, if

any, in the present order or the interim order dated 05.02.2024.

7. It is further directed that till disposal of I.As. No.1 to 3 by the

Commercial Court, as stated supra, the interim order dated

05.02.2024 shall continue to remain in force and operate between

the parties.

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WP No. 3495 of 2024

8. It is needless to say that the present interim order was only

an interim arrangement made in the present petition and the

petitioner would obviously not be entitled to rely upon the interim

order dated 05.02.2024 or this order in any other proceedings,

except disobedience / contempt proceedings, if initiated by the

petitioner.

Sd/-

JUDGE

hnm
List No.: 1 Sl No.: 42

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