Full Judgment Text
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NC: 2026:KHC:13236
WP No. 6498 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 6498 OF 2026 (GM-CPC)
BETWEEN:
M/S. ROHM CLAMPING TECHNOLOGIES
PRIVATE LIMITED
HAVING ITS OFFICE AT NO. 14A
BELMAR INDUSTRIAL ESTATE
NAGASANDRA MAIN ROAD
BENGALURU-560073
A COMPANY INCORPORATED UNDER
COMPANIES ACT, 1956
REP. BY ITS DIRECTOR MR. KURIEN THOMAS
NO. 14A, BELMAR INDUSTRIAL ESTATE
NAGASANDRA MAIN ROAD
BENGALURU 560 073.
…PETITIONER
(BY SRI. VENKATESH S ARBATTI., ADVOCATE)
AND:
M/S. ROHM GMBH
HAVING ITS OFFICE AT 89567
SONTHEIM GERMANY
A COMPANY INCORPORATED
UNDER THE LAWS OF GERMANY
THROUGH ITS AUTHORIZED REPRESENTATIVE
MR. DHARAM VEER SINGH KRISHNAWAT
AND/OR MR. VAIBHAV SHARMA
ALSO AT
HAVING ITS OFFICE AT
LUNKAD SKY CRUISE
WING-B, SURVEY NO. 210/3
VIMAN NAGAR PUNE-411 014 MAHARASHTRA
…RESPONDENT
(BY SRI.INDRAN M.B. ADVOCATE)
Digitally signed by
DHANALAKSHMI
MURTHY
Location: HIGH
COURTOF
KARNATAKA
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WP No. 6498 of 2026
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER IN
THE NATURE OF A WRIT, THEREBY QUASHING THE ORDER
DATED 04.02.2026 PASSED BY THE LEARNED SINGLE JUDGE
OF THE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, COMMERCIAL COURT, BENGALURU (CCH-88), IN
ALLOWING THE APPLICATION/IA. NO.XI FOR APPOINTMENT OF
THE COURT COMMISSIONER TO RECORD THE EVIDENCE OF
PLAINTIFF WITNESS AS PER ANNEXURE A IN COM. O.S. NO.
670 OF 2023 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioner-defendant has
called in question the order dated 04.02.2026 passed by
the LXXXVII Additional City Civil and Sessions Judge,
Commercial Court, Bengaluru (CCH-88) (hereinafter
referred to as ‘Trial Court’ for short), whereby the memo
filed along with a copy of the application, i.e., I.A.No.XI
filed by the respondent-plaintiff under Order XXVI Rule 2
read with Section 151 of the CPC, for appointment of an
advocate as Court Commissioner to record the evidence of
plaintiff witnesses in Com.O.S.No.670/2023, has been
allowed.
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2. For the sake of convenience, the parties are referred
to as per their ranking before the Trial Court.
3. The plaintiff has filed a suit for permanent and
mandatory injunction in respect of infringement of
trademark along with recovery of money. After entering
appearance, the defendant has filed a written statement
along with a counter-claim. The counsel for the plaintiff
filed a memo dated 04.02.2026 vide Annexure-D seeking
time to file an application for appointment of an advocate
as Commissioner in the above suit. On the said memo
itself, the Trial Court by impugned order dated 04.02.2026
appointed a Court Commissioner on the ground that the
defendant had no objection. Being aggrieved by the same,
the petitioner-defendant is before this Court.
4. The defendant has filed this writ petition and taken
specific contentions that he had no objection for granting
time for adjournment; however, he had an objection to
allowing the application without filing a proper I.A.
enclosing certified copies of the documents. It is wrongly
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WP No. 6498 of 2026
HC-KAR
recorded that the advocate had no objection to allow the
application.
5. Be that as it may, the memo was filed only seeking
time to file an application for appointment of a
Commissioner after securing all necessary documents.
6. Learned counsel for the plaintiff–respondent
submitted that they have now secured all original
documents and therefore may be permitted to file a fresh
application along with the necessary documents for
appointment of an advocate as Commissioner.
7. In view of the above, the following order is passed:
ORDER
a) The writ petition is disposed of.
b) The impugned order dated 04.02.2026 passed
by the LXXXVII Additional City Civil and Sessions
Judge, Commercial Court, Bengaluru (CCH-88) vide
Annexure-A, is set aside.
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c) The respondent–plaintiff is permitted to file an
application, along with necessary documents, in the
prescribed manner, for appointment of an advocate
as Commissioner, in accordance with law.
d) If such an application is filed, the Trial Court
shall consider the same and pass appropriate orders,
in accordance with law, as expeditiously as possible.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
LIST NO.: 1 SL NO.: 24