Supreme Court To Examine If Civil Judge (Senior Division) As Commercial Court Can Hear Trademark Suits
Kirit Singhania
11 Feb 2026 9:27 AM IST
The Supreme Court on Tuesday said that it will examine whether a Commercial Court presided over by a Civil Judge (Senior Division) can entertain trademark infringement and passing-off suits in view of Section 134 of the Trade Marks Act.
The court stayed further proceedings in a trademark infringement and passing-off suit pending before the Commercial Court at Jamshedpur.
The issue arises from Section 134 of the Trade Marks Act, 1999, which governs the forum for filing trademark infringement and passing-off suits and bars such suits from being instituted before a court “inferior to a District Court.”
A Bench of Justices J.B. Pardiwala and K.V. Viswanathan noted that the Jharkhand High Court had held that a Civil Judge (Senior Division), when designated as a Commercial Court, is not a court inferior to a District Court and therefore has jurisdiction to entertain the suit.
“What meaning should be ascribed to the expression 'court inferior to a District Court'? The High Court seems to have taken the view that the court of the Civil Judge, Senior Division, being a Commercial Court, the suit instituted by the plaintiffs for passing off is maintainable,” the Bench observed.
The Supreme Court was hearing a petition filed by I.S.D.S. Pvt. Ltd. and its director challenging the High Court's decision restoring a trademark infringement and passing-off suit filed by Khemka Food Products Pvt. Ltd.
Background
The dispute relates to the use of the trademark “Grihasti Bhog” for wheat flour products. Khemka Food Products claimed continuous use of the mark and alleged that the defendants had adopted an identical name, resulting in infringement and passing off.
According to them, the alleged infringing use came to light in February 2023, following which a cease and desist notice was issued on March 10, 2023.
As settlement efforts failed, Khema Food initiated pre-institution mediation under the Commercial Courts Act before the District Legal Services Authority, Jamshedpur. After the mediation process ended in a non starter, the plaintiff filed a commercial suit on August 14, 2023 before the Commercial Court at Jamshedpur. Khemka Food sought reliefs for trademark infringement and passing off.
The trial court later returned the plaint, holding that under Section 134 of the Trade Marks Act, such suits could only be instituted before a District Court.
On appeal, the Jharkhand High Court reversed the order and held that a Civil Judge (Senior Division), when designated as a Commercial Court under the Commercial Courts Act and relevant State notifications could not be treated as a court inferior to a district court and had jurisdiction to entertain the suit.
Before the Supreme Court, the petitioners argued that the High Court had misconstrued Section 134 and that the statutory bar against courts inferior to a District Court continued to apply despite the commercial courts framework.
After hearing the parties, the supreme court stayed further proceedings before the civil judge. The matter has been listed on February 24 for further hearing.