M/S The Supreme Industries Limited vs M/S Supremo India Private Limited
- Court
- Supreme Court
2026 INSC 1170
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.3594 OF 2025
M/S THE SUPREME INDUSTRIES LIMITED ... PETITIONER(S)
VERSUS
M/S SUPREMO INDIA PRIVATE LIMITED ... RESPONDENT(S)
WITH
TRANSFER PETITION (CIVIL) NO.175 OF 2026
J U D G M E N T
S.V.N. BHATTI, J.
1. We have heard the learned Senior Counsel,
Mr. Neeraj Kishan Kaul and Ms. S. Janani, for the
parties. The Transfer Petitions are between the same
parties and are therefore disposed of by this Order.
TRANSFER PETITION (CIVIL) NO.3594 OF 2025
2. The Transfer Petition is at the instance of
M/s Supreme Industries Limited. The prayer in the
Transfer Petition reads as follows:
Signature Not Verified
“(i) Transfer the Commercial Suit filed
Digitally signed by
SNEHA DAS
Date: 2026.10.28
18:23:25 IST
Reason:
by the Respondent being CS(COMM) No. 134
of 2025 titled "M/s Supremo India Private
Limited vs. M/s The Supreme Industries
Limited", presently pending before the
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Court of the Learned District Judge
(Commercial)/Indore, Madhya Pradesh, to a
Court of competent jurisdiction at New
Delhi;”
3. M/S The Supreme Industries Limited is the
Defendant in CS (Comm) No. 134 of 2025 before the
Court of the District Judge (Commercial), Indore.
M/s Supremo India Private Limited filed CS (Comm)
No. 134 of 2025. The prayers in the Plaint, briefly
stated, are as follows:
a) Permanent Injunction restraining the
Defendants from manufacturing, advertising,
promoting, etc., or from doing any act or taking any
action involving the impugned trademark ‘SUPREME’.
b) Restraining the defendants from disposing of
or dealing with their assets and directing them to
disclose their assets.
c) Order the impugned goods to be restrained,
disabled, and removed from third-party interactive
e-commerce platforms.
d) Pass a decree awarding damages of
Rs. 15,00,000/- (fifteen lakhs only) in favour of
the plaintiffs.
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TRANSFER PETITION (CIVIL) NO.175 OF 2026
4. M/s Supremo India Private Limited is the
Petitioner. The Transfer Petition seeks the
following reliefs:
“ Transfer the Commercial suit bearing
number 1294/2025 titled "Supreme
Industries Limited vs Supremo India
Private Limited and Anr." currently
pending before the High Court of Delhi to
the Court of Learned District Judge
(Commercial Court), Indore, Madhya
Pradesh or to any other competent court
in Indore; ”
5. M/s The Supreme Industries Limited filed CS
(Comm) No. 1294 of 2025 before the High Court of
Delhi. The gist of the prayer in CS (Comm) No. 1294
of 2025 is set out below:
a) Permanent injunction restraining the
Defendants from infringing the Plaintiff’s
registered trademark by using, manufacturing,
selling, exporting, importing, offering for sale,
distributing, and advertising goods bearing a
similar or identical mark in virtual and physical
marketplaces;
b) Permanent injunction restraining the
Defendants and persons claiming through and/or under
them from passing off the Plaintiff’s trademark by
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using, manufacturing, selling, exporting, importing,
offering for sale, distributing, or advertising
goods bearing a similar or identical mark that may
cause confusion and/or deception;
c) Permanent injunction restraining the
Defendants from infringing Plaintiff’s registered
copyright in the label/logo ‘SUPREME’;
d) Permanent injunction restraining the
Defendants and persons claiming through and/or under
them from taking unfair advantage of the distinctive
character and reputation of Plaintiff’s mark,
thereby diluting and tarnishing their trademark;
e) Rendition of accounts of profits earned
illegally through unauthorised use of Plaintiff’s
registered trademark;
f) Order of delivery and destruction of
infringing products of the Defendants;
g) Damages amounting to Rs. 2,00,01,000/-
payable jointly and severally by the Defendants;
h) Declaration of ‘SUPREME’ as a well-known mark
under S.2(1)(zg) of the Trade Marks Act, 1999.
6. The dispute between the parties centres on
trademark infringement, etc. In effect, the
commercial suits or cross-suits seek prayers
restraining the Defendant from causing breach of
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trademark, etc. The learned Senior Counsel appearing
for the respective parties insisted that the other
matter be transferred to the place where his/her
client has instituted the Suit. The Counsel are at
least in ad idem that both matters be tried before
one Court. Though they suggest a few alternative
places, they oppose the place where the contesting
party instituted the suit. The Counsel have allowed
the Court to transfer both the matters to one
particular Court. We do not refer to some of the
contentions canvassed at the Bar and do not express
a view on the merits of the matter. By exercising
the jurisdiction and discretion vested in the Court,
CS (Comm) No. 134 of 2025 in the Court of District
Judge (Commercial), Indore, and CS No. 1294 of 2025
before the High Court of Delhi, are transferred to
the City Civil Court, Ahmedabad. The Courts where
the Suits have been instituted shall transfer the
respective Plaints to the City Civil Court, Ahmedabad
expeditiously. The parties are directed to appear
before the City Civil Court, Ahmedabad on 26.11.2026.
7. The Transfer Petitions are ordered as
indicated above.
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8. Pending application(s), if any, shall stand
disposed of.
................................................... J.
[S.V.N. BHATTI]
.................................................... J.
[N.V. ANJARIA]
NEW DELHI;
OCTOBER 28, 2026.
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