Supreme Court Refers Veda–Kohinoor Seed Trademark Battle To Mediation, Stays Delhi High Court Proceedings

Supreme Court Refers Veda–Kohinoor Seed Trademark Battle To Mediation, Stays Delhi High Court Proceedings

Introduction

The Supreme Court of India has appointed former Chief Justice of India B. R. Gavai to mediate a trademark dispute between Veda Seed Sciences Pvt. Ltd. and Kohinoor Seed Fields India Pvt. Ltd. The Court also stayed further proceedings in the suit pending before the Delhi High Court. A Bench comprising Justices K.V. Viswanathan and Atul S. Chandurkar recorded that the parties had favourably responded to the Court’s suggestion to explore an amicable resolution through mediation.

Factual Background

The dispute concerns allegations of trademark infringement and passing off relating to cotton hybrid seeds marketed under the marks “TADAAKHA”, “SADANAND” and “BASANT”. Kohinoor Seed Fields India Pvt. Ltd. instituted a commercial suit before the Delhi High Court alleging infringement of its registered trademarks “TADAAKHA” and “SADANAND”, and passing off in respect of “BASANT”. It was alleged that following termination of a co-marketing arrangement between the parties, Veda Seed Sciences Pvt. Ltd. continued to use identical or deceptively similar marks for hybrid seeds not produced by Kohinoor.

Procedural Background

On December 3, 2025, a Division Bench of the Delhi High Court upheld the return of the plaint on the ground that no part of the cause of action arose within Delhi. The High Court held that mere registration of trademarks in Delhi or availability of products on e-commerce platforms accessible in Delhi was insufficient to confer territorial jurisdiction, absent pleadings demonstrating targeted commercial activity within the jurisdiction.

Aggrieved by this finding, Veda Seed Sciences Pvt. Ltd. filed a Special Leave Petition before the Supreme Court.

Issues

1. Whether mediation ought to be explored in the trademark dispute between the parties.

2. Whether proceedings in the Delhi High Court suit should be stayed pending mediation.

3. Whether the jurisdictional findings of the High Court require examination at the SLP stage.

Contentions of the Parties

Before the Supreme Court, the parties indicated their willingness to explore an amicable resolution of the dispute. It was recorded that both sides responded favourably to the Court’s suggestion of mediation.

The petitioner challenged the High Court’s territorial jurisdiction findings and sought restoration of the suit. The respondent maintained its position regarding lack of jurisdiction before the Delhi High Court.

Reasoning and Analysis

Taking note of the stakes involved and the commercial nature of the dispute, the Supreme Court considered it appropriate to refer the matter to mediation. The Bench observed, “Considering the stakes involved, we appoint Hon’ble Mr. Justice B.R. Gavai, the former Chief Justice of India to mediate the dispute between the parties.” The Court further directed that there shall be a stay of further proceedings in the suit pending before the Delhi High Court, thereby preserving the status quo while mediation is undertaken.

By referring the matter to mediation at the SLP stage, the Court emphasised the importance of alternative dispute resolution in commercial intellectual property disputes, particularly where ongoing business interests are involved.

Decision

The Supreme Court appointed former Chief Justice of India Justice B.R. Gavai as mediator to facilitate settlement between the parties. It stayed further proceedings in the suit before the Delhi High Court. The matter has been listed for further consideration on April 6, 2026.

In this case the petitioner was represented by Senior Advocates Rajshekhar Rao with Advocates Raavi Yogesh Venkata, Thithiksha Padmam, Twinkle Rathi, Vishakha Gupta, Wamic Wasim, Sindoora Vnl, AOR.

Meanwhile the respondent was represented by Advocates Saurav Agrawal, Shantanu Agarwal, Adarsh Ramanujan, Allaka M, Raghav Thareja, Tazeen Ahmed, Ajay Sharma, Parth Singh, Rasveen Kaur Kapoor, Dheeraj P Deo, AOR.