Rajasthan High Court
CTA/37/2026 of DHANVARSHA OIL MILLS PVT. LTD. Vs M/S SHREE HARI INDUSTRIES (HARI OIL MILLS), on 6 July 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Transfer Application No. 37/2026 URN: CTA / 68U / 2026 Dhanvarsha Oil Mills Pvt. Ltd., Having Its Registered Office At F- 157-158-159, Industrial Area, Kekri, District Ajmer, Rajasthan - 305801, Through Its Director, Mr. Vinod Kumar Mittal, Ms.
[2026:RJ-JP:25093-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Transfer Application No. 37/2026
URN: CTA / 68U / 2026
Dhanvarsha Oil Mills Pvt. Ltd., Having Its Registered Office At F- 157-158-159, Industrial Area, Kekri, District Ajmer, Rajasthan - 305801, Through Its Director, Mr. Vinod Kumar Mittal, Ms. Munni Rani Jain, Ms. Jyoti Mittal And Ms. Khushbu Mittal.
----Petitioner
Versus
M/s Shree Hari Industries (Hari Oil Mills), Malgodown Road, Bharatpur - 321001, Rajasthan, Through Its Authorized Representative, Mr. Deep Chand Goyal.
----Respondent
For Petitioner(s)
:
None Present
For Respondent(s)
:
Ms. Gayatri Rathore, Sr. Adv., assisted
by Mr. Sharad Dadhich, Ms. Neha
Gupta and Mr. Raj Singh Rathore
HON'BLE MR. JUSTICE ARUN MONGA
HON'BLE MR. JUSTICE SANDEEP TANEJA
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Order
06/07/2026
1. The present application is filed by the applicant seeking transfer of the commercial suit instituted by the respondent against the applicant for permanent injunction in respect of the alleged infringement of the trademark and damages. The said suit is presently pending before the learned Commercial Court at Bharatpur. The applicant seeks transfer of commercial suit from the learned Commercial Court, Bharatpur to the learned Commercial Court, Jaipur.
2. The applicant has sought transfer of the proceedings primarily on the grounds that Jaipur is a geographically more convenient forum, the medical condition of the father of the applicant's Director necessitates [2026:RJ-JP:25093-DB] (2 of 2) [CTA-37/2026] litigation at Jaipur, connected proceedings between the parties are already pending before the courts at Jaipur, the applicant's principal place of business, relevant evidence, and material witnesses are situated in the Jaipur/Kekri region, and the learned Commercial Court at Jaipur is better equipped to deal with intellectual property disputes.
3. The matter was listed for hearing on 02.07.2026, but no one appeared on behalf of the applicant. In the interest of justice, no adverse order was passed, and the matter was listed for today.
4. On resumption of the hearing, the position continues to be the same, as there is no representation on behalf of the applicant.
5. Moreover, having heard the learned senior counsel for the respondents and after having gone through the application, we find no grounds for interference as the affirmative case pleaded is merely physical inconvenience of litigation at two different places.
6. Be that as it may, on both counts i.e. non-appearance as well as otherwise, the application being devoid of any merits, no grounds for interference is made out.
7. Accordingly, the present Civil Transfer Application is dismissed. (SANDEEP TANEJA),J (ARUN MONGA),J 54/Tushar/Aman