Cideas Investments (India) Pvt. Ltd vs Subhoja Global Pvt. Ltd. A Company … on 19 August, 2025

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Meghalaya High Court

Cideas Investments (India) Pvt. Ltd vs Subhoja Global Pvt. Ltd. A Company … on 19 August, 2025

Author: W. Diengdoh

Bench: W. Diengdoh

                                                             2025:MLHC:744-DB



Serial No. 02
                          HIGH COURT OF MEGHALAYA
Daily List
                                 AT SHILLONG

      FA No. 7 of 2025

                                                         Date of order: 19.08.2025
      1.    Cideas Investments (India) Pvt. Ltd.
      2.    CG Foods India Pvt. Ltd.
                                                                     ...Appellants

                                        - versus -


      1.    Subhoja Global Pvt. Ltd. a company registered under Indian
            Companies Act, 2013, having its registered office at 247 Park, 13th
            Floor, V.C. Park, Tower-B, Mumbai, Marashtra-400079,
            represented by its Managing Director.

      2.   Mr Vishal Goenka, Director, C/o Subhoja Global Pvt. Ltd., having
           its registered office at 247 Park, 13th Floor, V.C. Park, Tower-B,
           Mumbai, Marashtra-400079                           ...Respondents
      Coram:
             Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
             Hon'ble Mr. Justice W. Diengdoh, Judge
      Appearance:
      For the Appellants      :   Mr I. Kharmujai, Adv
                                  Ms T. Pohlong, Adv
                                  Mr V. Bansal, Adv
      For the Respondent :        Ms M. Surong, Adv
      i)        Whether approved for                        Yes/No
                reporting in Law journals etc.:

      ii)       Whether approved for publication            Yes/No
                in press:




                                                                         Page 1 of 3
                                                        2025:MLHC:744-DB



JUDGMENT:

(per the Hon’ble, the Chief Justice) (Oral)

We admit this appeal.

As the facts involved are very serious and urgent in nature,

dispensing with all formalities we propose to hear out the appeal today.

We are absolutely surprised to read the impugned order dated 17th

June, 2025. The plaintiffs instituted a trademark action being Commercial

Suit No. 3 of 2025 against the defendants in the court of the Judge,

Commercial Court at Shillong in or about April, 2025. It alleged

infringement by the defendants of their registered trademark “WAI WAI”

by registration of a mark “WOK WAY” and also passing off their goods

as those of the plaintiffs.

On the face of it, this kind of a suit calls for urgent reliefs in the

form of an injunction restraining the defendants from using the mark. It

may or may not be pleaded specifically in the plaint that “urgent relief is

contemplated,” the grounds of such urgent relief are usually made out in

the interim application in aid of the suit.

The learned judge committed a serious error in rejecting the

plaint. We set aside the impugned judgment and order dated 17 th June,

2025. We allow the appeal.

This order is to be taken as one under Section 12A of the

Commercial Courts Act, 2015 permitting the appellants/plaintiffs to

Page 2 of 3
2025:MLHC:744-DB

institute the suit without undergoing the process of mediation. The suit is

revived. Any interim application pending before the court, on the merits

of the case may be considered by the learned District Judge in accordance

with law.

                                   (W. Diengdoh)                              (I.P. Mukerji)
                                       Judge                                   Chief Justice
                       Meghalaya
                       19.08.2025
                        "Sylvana PS"




Signature Not Verified                                                                  Page 3 of 3
Digitally signed by SYLVANA
LIZ KHARBHIH
Date: 2025.08.20 14:00:46 IST

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