Bench:Piyush Agrawal
3 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
M/s Harisons (India) Products Pvt. Ltd. v.M/s Harilal and Sons and Another
This petition under Article 227 of the Constitution challenged an order dated 18.08.2026 passed by the Commercial Court, Kanpur Nagar, which rejected the petitioner's application seeking expeditious disposal of its pending interim injunction application under Order XXXIX Rules 1 & 2 CPC, on the ground that the injunction application could not be adjudicated while the respondents' Order VII Rule 11 application remained pending. The Allahabad High Court held that the Commercial Court had misread the High Court's earlier interim order dated 06.04.2026, which stayed only the amendment order and not the entire suit proceedings, and that the pendency of an Order VII Rule 11 application does not oust the trial court's jurisdiction to decide an interim injunction application on its merits.
M/S RPCI Private Limited And Another v.Petals IVF And Women Care Centre LLP And Another
This arbitration application under Section 11(6) of the Arbitration & Conciliation Act, 1996 was filed by M/S RPCI Private Limited seeking appointment of a sole arbitrator to adjudicate disputes arising from an LLP agreement with Petals IVF and Women Care Centre LLP. The applicant claimed Rs. 1,63,07,000/- along with 18% interest, while the opposite party had filed a suit before the Delhi High Court under the Trademarks Act, 1999. The Allahabad High Court, applying the principle of 'when in doubt, do refer' from Vidya Drolia, held that an arbitration clause existed between the parties and appointed Mr. Justice Sudhir Agarwal as the sole arbitrator.
Smt. Reena Paltani And 3 Others v.M/S K.K. Tobacco Co. And 2 Others
The Allahabad High Court set aside a Commercial Court's rejection of an interim injunction application in a trademark infringement suit involving tobacco products. The petitioners argued that the respondents were infringing their registered trademarks ('KK99'/'KK 99') despite having a different registration ('V99K'). The court allowed the exemption from pre-litigation mediation and directed the lower court to urgently decide on the interim injunction and receiver appointment, recognizing the urgency of preventing further infringement.
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