Karnataka High Court
M/S Amateur Body Builders And Physique ... vs M/S Indian Fitness And Body Builders ... on 24 June, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 24 TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.12532 OF 2022 (IPR)
BETWEEN:
1. M/S AMATEUR BODY BUILDERS AND PHYSIQUE SPORTS
FEDERATION OF INDIA
REGISTERED UNDER SOCIETIES REGISTRATION ACT
HAVING REGISTERED OFFICE AT NO.302 2ND FLOOR
RV25, 31/4 4TH MAIN,11TH CROSS, MALLESHWARAM
BANGALORE-560003.
REPRESENTED BY ITS SECRETARY GENERAL
SHRI RAGHUNANDANA.
2. SRI RAGHUNANDAN
S/O P S RAMAMURTHY
AGED ABOUT 44 YEARS
OFFICE AT NO.302 2ND FLOOR
RV25 31/4 4TH MAIN
11TH CROSS, MALLESHWARAM
BANGALORE-560 003.
...PETITIONERS
(BY SRI. M.S. SHYAMSUNDAR, SENIOR ADVOCATE FOR
SMT.DR.P.L. VANDANA, ADVOCATE)
AND:
M/S INDIAN FITNESS AND BODY BUILDERS FEDERATION
(FORMALLY KNOWN AS NATIONAL AMATEUR BODY BUILDERS
FEDERATION) UNREGISTERED ENTITY
HAVING OFFICE AT NO.235 1ST MAIN ROAD
SHESHADRIPURAM
BANGALORE-560020
REPRESENTED BY ITS AUTHORIZED PERSON
CHIEF EXECUTIVE OFFICER
B. KRISHNA RAO.
...RESPONDENT
(BY SRI. SURESH.S. LOKRE, SENIOR ADOCATE FOR
SRI. MAHESHKIRAN SHETTY, AND
SRI. T.A. RAJASHEKAR, ADVOCATES)
2
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD: 13.06.2022 PASSED IN O.S.NO. 3784/2022 AGAINST
THE PETITIONER HEREIN RESTAINING THEM FROM USING
THE TRADE MARK BHARATH SHRESHTA BHARATH
SHREE, BHARATH KUMAR, BHARATH KISHORE AND
BHARATH UDAY IN ANY OF THE EVENT PERTAINING TO
THE BODY BUILDING TILL NEXT DATE OF HEARING
PASSED BY XVIII ACC AND SJ BENGALURU VIDE
ANNEXURE- A AND ETC.
THIS W.P. COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This petition is directed against the impugned order dated 13.06.2022 passed in O.S.No.3784/2022 by the XVIII Additional City Civil and Sessions Judge, Bengaluru (for short "the trial Court"), whereby the trial Court directed grant of ad-interim exparte order of temporary injunction till the next date of hearing in favour of the respondent/plaintiff against the petitioners-defendants and posted the matter to 11.07.2022.
2. The petitioners are the defendants in the said suit, who are before this Court assailing the ad-interim exparte order of temporary injunction inter alia contending that the said order is preventing/obstructing the petitioners from conducting the Second National Fitness and Body 3 Building Championship 2022-2023 scheduled to be held by the petitioners on 25.06.2022 and 26.06.2022.
3. Learned counsel for the respondent-plaintiff having been notified during the pre-lunch session, the matter is taken up in the post-lunch session.
4. Heard both sides and perused the material on record.
5. Learned Senior counsel for the petitioners submits on instructions that if the petitioners are permitted to conduct the scheduled event on 25.06.2022 and 26.06.2022 without any interruption or obstruction by the respondent by suitably modifying the impugned order, the petitioners would not claim any equities in this regard and any act, deed and thing done by the petitioners in relation to the subject matter of the suit and/or usage of the words "Bharath Uday, Bharath Kishore, Bharath Kumar, Bharath Shreshta and Bharat Shree" which are the titles to be awarded to the winners of the scheduled event can be made subject to the final outcome of the suit and the petitioners would not claim any equities in this regard. It is 4 also submitted that the petitioners have no objection for this interim arrangement to be made without prejudice to the rights and contentions of both parties and by leaving open all contentions.
6. It is also submitted that the petitioners that the petitioners are ready to appear before the trial Court on 11.07.2022 and file written statement, objections, documents etc., pursuant to which the trial Court may be directed to consider and dispose of I.A.No.1 for temporary injunction filed by the respondent-plaintiff, in accordance with law within a stipulated timeframe.
7. Per contra, Sri. Suresh Lokre, learned Senior counsel appearing on behalf of Sri. Mahesh Kiran Shetty and Sri. T.A. Rajashekar, learned counsel for the respondent-plaintiff submits that they have no objection for the aforesaid interim arrangement to be made for the limited purpose of disposal of this petition, subject to the condition that the same is without prejudice to the rights and contentions of both parties and by directing the trial 5 Court to consider and dispose of I.A.No.1 as expeditiously as possible.
8. In view of the aforesaid facts and circumstances and submissions made at the Bar, 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 proper to dispose of this petition by making an interim arrangement and suitably modifying the impugned order passed by the trial Court.
9. In the result, I pass the following:
ORDER The petition is hereby disposed of without interfering with the impugned order passed by the trial Court, but however, without expressing any opinion on the merits/demerits of the rival contentions or the impugned order and subject to the following interim arrangement that shall remain in force till disposal of I.A.No.1 by the trial Court:
i. The petitioners are directed to appear before the trial Court on 11.07.2022 without awaiting 6 further notice from the trial Court and file their written statement, objections, documents etc., before the trial Court.
ii. Pursuant to the parties appearing before the trial Court on 11.07.2022, the trial Court shall consider and dispose of I.A.No.1 filed by the respondent-plaintiff after hearing both sides in accordance with law without being influenced by any observations and findings that may be recorded in the present order.
iii. It is further directed that by way of an interim arrangement and without prejudice to the rights and contentions of the parties, the petitioners are permitted to conduct the Second National Fitness and Body Building Championship 2022- 2023 scheduled to be held by the petitioners on 25.06.2022 and 26.06.2022 without any obstruction, impediment or interference by the respondent or anyone else.
iv. It is further made clear that conducting of the aforesaid scheduled event by the petitioners as 7 well as any act, deed or thing done by the petitioners in relation to the subject matter of the suit in O.S.No.3784/2022 and usage of the words "Bharath Uday, Bharath Kishore, Bharath Kumar, Bharath Shreshta and Bharat Shree" in the titles to be awarded to the respective winners in the aforesaid scheduled event would be subject to the final outcome of the suit and the petitioners would not claim any equities in this regard.
v. The trial Court is directed to dispose of the application, I.A.No.1 as expeditiously as possible and all rival contentions are kept open and no opinion is expressed on the same. vi. Both sides undertake that till disposal of I.A.No.1 by the trial Court as stated supra, they will not take precipitate/coercive steps against each other.
Sd/-
JUDGE Bmc