Mr Afzal Yunus vs. K A Boards And Flush Doors

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 244 OF 2024 BETWEEN SRI. AFZAL YUNUS, S/O MOHAMMAD KUNHI, A/A 47 YEARS, PROPRIETOR, AFYUN PLYWOOD INDUSTRIES, HAVING ADDRESS AT NO. 1038, 12TH A MAIN, HAL 2ND STAGE, INDIRANAGAR, BENGALURU – 560 008. ...APPELLANT/S (By Sri/Smt.: VEENA T. N., ADVOCATE) AND 1 . K. A. BOARDS AND FLUSH DOORS, PARTNERSHIP FIRM, HAVING IT’S ADDRESS AT ANEKALLU, KADAMBAR, KASARGOD DIST. KERALA STATE – 671 232, …2 COMAP NO.244/2024 2 REP. BY IT’S PARTNERS, SRI MANSOOR KADAMBAR ABDULLA, AND MS KHADEEJAMMA, GST NO. 32AAACFK9740R1ZT. 2 . MARQUE PLYWOOD INDUSTRIES, PARTNERSHIP FIRM, HAVING IT’S ADDRESS AT NO. 2-508, POTTOLIKE, MONTEPADAVU, NARINGANA, BANTWAL, DAKSHINA KANNADA DIST. KARNATAKA STATE - 575 023. REP. BY IT’S PARTNERS, SRI M. A. REHMAN MOHAMMED SHAFEEQ, AND SRI MANSOOR KADAMBAR ABDULLA, GST NO. 29ABRFM4624J1ZO. 3 . RISHABH PLYWOODS, A SOLE PROPRIETORSHIP, HAVING IT’S ADDRESS AT SPECIAL PLOT NO. 1, 2 AND 3, M. T. SAGAR, 1ST GATE MAIN ROAD, INDUSTRIAL AREA, BESIDE BSNL OFFICE, GOKUL ROAD, HUBBALI, DHARWAD DIST. KARNTAKA – 580 030. REP. BY IT’S PROPRIETOR, SRI RAJESH KUMAR, …3 COMAP NO.244/2024 3 GANESHMALJI JAIN, GSTIN/UIN/29ADQPGO116Q1Z5. 4 . GLOBAL IMPEX GLASS N PLYWOOD A SOLE PROPRIETORSHIP, HAVING IT’S ADDRESS AT 1126/3-4, NEAR ST. THOMAS SCHOOL, 20 STAGE, VISVESHWARANAGAR, MYSURU DISTRICT, KARNATAKA – 570 008, ALSO AT NO. 275, 8, NEW TIMBERYARD LAYOUT, MYSORE ROAD, BENGALURU - 560 026. REP. BY IT’S PROPRIETOR, SRI DILIP KUMAR JAIN. GSTIN 29AEEPJ6876P1Z. 5 . WOODLINES, A SOLE PROPRIETORSHIP HAVING IT’S ADDRESS AT, NO. 37, KHAZI STREET, BASAVANAGUDI, BENGALURU URBAN, KARNATAKA - 560004. REP. BY IT’S PROPRIETOR, SRI C. P. TASLEEM MOHAMED. …RESPONDENT/S …4 COMAP NO.244/2024 4 The Advocate for the appellant has filed the above COMAP / Commercial Appeal under section 13 (1-A) of the Commercial Courts Act 2015, read with order XLI Rule 1 of the Code of Civil Procedure, 1908 Praying that this Honble Court A. Call for entire records of the suit in Com.O.S.1463 of 2022 from the Honble LXXXIV Addl. City Civil and Sessions Judge (Commercial Court) (CCH-85) at Bangalore. B. Allow the Appeal and set aside the judgement and decree dated 26.02.2024 in Com.O.S.1463 of 2022, passed by the LXXXIV Addl. City Civil and Sessions Judge (Commercial Court) at Bangalore only in so far as it relates to the findings dismissing the suit of the plaintiffs/Appellant for mandatory and perpetual injunctions restraining the Defendants from using the trademarks of the plaintiffs as prayer for in the plaint. C. Grant such other and other reliefs as this Honble Court deems fit and proper under the facts and circumstances of the case. …5 COMAP NO.244/2024 5 This Commercial Appeal coming on for Orders, this day the