M/S THE SUPREME INDUSTRIES LIMITED v. M/S SUPREMO INDIA PRIVATE LIMITED

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

table as extracted; see Source PDF

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

Digitally signed by “(i) Transfer the Commercial Suit filed 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

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.

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

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

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.

8. Pending application(s), if any, shall stand

disposed of.

................................................... J. [S.V.N. BHATTI]

.................................................... J. [N.V. ANJARIA]

NEW DELHI; OCTOBER 28, 2026.