01Facts
M/s Supremo India Private Limited filed Commercial Suit No. 134 of 2025 before the District Judge (Commercial), Indore, seeking, among other reliefs, an injunction concerning use of the mark “SUPREME” and damages
¶ 3M/s The Supreme Industries Limited filed Commercial Suit No. 1294 of 2025 before the High Court of Delhi, seeking reliefs for alleged trademark and copyright infringement, passing off, and related claims
¶ 5Each party petitioned to transfer the other party’s suit to the court where it had filed its own suit.
¶ 2, 4, 6The parties agreed that both suits should be tried before one court, but opposed the other party’s proposed venue
¶ 2, 4, 602Issues
i.Whether the two related commercial suits should be transferred to a single court for trial
¶ 6ii.If so, to which court the suits should be transferred
¶ 603Law Applied
The judgment does not identify a specific statutory provision, precedent, or detailed legal test governing the transfer applications.
¶ 6It states that the Supreme Court would exercise the jurisdiction and discretion vested in it to transfer both suits to one court
¶ 604Reasoning
The Court noted that the suits between the same parties concerned overlapping trademark-related claims and that both parties agreed the matters should be tried together, while disputing the appropriate venue
¶ 6Without expressing a view on the merits or addressing the parties’ other contentions, the Court exercised its transfer jurisdiction and selected the City Civil Court, Ahmedabad, as the common forum
¶ 605Holding
The Court ordered the transfer of Commercial Suit No. 134 of 2025 from the District Judge (Commercial), Indore, and Commercial Suit No. 1294 of 2025 from the High Court of Delhi to the City Civil Court, Ahmedabad
¶ 6The courts where the suits were instituted were directed to transfer the respective plaints expeditiously, and the parties were directed to appear before the City Civil Court, Ahmedabad, on 26 November 2026
¶ 6Both transfer petitions were disposed of accordingly
¶ 7Original Court PDF
M/S The Supreme Industries LimitedvsM/S Supremo India Private Limited
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