Associated Alcohol and Beverages Company filed a commercial suit under Sections 134 and 135 of the Trade Marks Act, 1999, against Brahmaputra Distillery seeking permanent injunction for trademark infringement, passing-off, and rendition of accounts regarding the label, trade-dress, and packaging of country spirit products, along with an application for ad-interim injunction under Order XXXIX Rules 1 and 2 CPC, which was granted by the Civil Judge, Senior Division, Jorhat on 12.11.2025, restraining the defendant from using similar labels and disposing assets. Brahmaputra Distillery appealed to the Gauhati High Court under Order XLIII Rule 1(r) CPC, raising maintainability issues. The High Court examined the Commercial Courts Act, 2015, noting that Gauhati HC lacks ordinary original civil jurisdiction, thus cannot constitute a Commercial Court or Division except under specific enactments, and held a 2019 government notification designating such courts invalid as issued under a repealed 2015 Ordinance without saving effect for new actions post-repeal. Reasoning that appeals from orders of Commercial Courts below District Judge level lie before the Commercial Appellate Court at District Judge level per Section 13(1), and ousting the High Court's ordinary appellate jurisdiction despite the suit's valuation exceeding Rs.20 lakh, the court decided the appeal was not maintainable before it, returned it to the appellant for presentation before the District Judge, Jorhat within three weeks, excluding time spent in High Court under Section 14 of Limitation Act, 1963, and suggested government issue fresh notifications under current law.
- The Gauhati High Court does not have jurisdiction as a "Commercial Court" under Section 6 or "Commercial Division" under Sections 4 and 7 of the Commercial Courts Act, 2015, due to absence of ordinary original civil jurisdiction, save for specific enactments like the Designs Act, 2000 (Para 12).
- Notification No. JDJ-111/2018-ESTT-JUDL-12 dated 13.02.2019, issued by the Government of Assam under the repealed Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015, is without jurisdiction and non-est in law, as Section 23 of the Commercial Courts Act, 2015 saves only prior actions, not empowering post-repeal issuances (Para 13).
- Appeals against orders passed by a Commercial Court below the level of District Judge, including ad-interim injunctions under Order XXXIX CPC in commercial disputes, must be filed before the Commercial Appellate Court at the District Judge level within 60 days as per Section 13(1) of the Commercial Courts Act, 2015, ousting the High Court's ordinary civil appellate jurisdiction regardless of pecuniary value (Paras 17-19).
Case Title: M/S Brahmaputra Distillery And Anr Vs Associated Alcohol And Beverages Company Order date: 18.12.2025 Case Number: FAO/73/2025 Neutral Citation: 2025:GAU-AS:17631 Name of court: The Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Name of Judge: Honourable Mr. Justice Kalyan Rai Surana and Honourable Mr. Justice Manish Choudhury
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation] [Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
