Delhi High Court - Orders
Krbl Limited vs Vikram Roller Flour Mills Limited on 15 December, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 550/2022 & I.As. 12642/2022, I.A. 31113/2025
KRBL LIMITED .....Plaintiff
Through: Mr. Anirudh Bhakru, Mr. Rishabh
Gupta, Ms. Shruti Manchanda, Ms.
Deasha Mehta and Mr. Abhigyan
Pandey, Advocates
versus
VIKRAM ROLLER FLOUR MILLS LIMITED .....Defendant
Through: Mr. Manish Singhal, Advocate
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 15.12.2025 I.A. 31113/2025(seeking directions)
1. This is an application under section 124 of the Trademarks Act, 1999 read with section 151 of the Code of Civil procedure, 1908 filed on behalf of the defendant seeking directions.
2. List on 16.03.2026.
CS(COMM) 550/2022
3. Learned counsel for the plaintiff has handed over its proposed issues and so also, learned counsel for the defendant has handed over its proposed issues.
4. With the assistance of the parties, on the basis of the record, the following issues have been framed: -
I. Whether the present suit is liable to be stayed under Section 10 CPC by virtue of prior suit filed by the plaintiff and pending before the Hon'ble District CS(COMM) 550/2022 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2025 at 20:49:46 Court wherein the plaintiff has claimed the identical reliefs? OPP/OPD II. Whether the defendant is guilty of infringing the registered trade mark of the plaintiff INDIA GATE under No. 599833 in class 30 by using the Trademark INDIA GATE in relation to Dalia? OPP III. Whether the defendant is guilty of infringing registered copyright of the plaintiff INDIA GATE with device of INDIA GATE under No. A-75495/2006 and A-103239/2013? OPP.
IV. Whether the defendant is guilty of committing the offence of passing off by use of the trade mark INDIA GATE in relation to Dalia? OPP V. Whether the defendant is the prior user of the trademark/label 'INDIA GATE' in respect of 'Atta, Maida, Rava, Suji and Bran'? OPD VI. Whether the defendant is entitled to use the trademark INDIA GATE in respect to 'Dalia' in view of the prior user of the trademark 'INDIA GATE' in respect to 'Atta, Maida, Rava, Suji and Bran'-being an extension of the wheat products business as well as user of the said mark since 2015 in respect to 'Dalia'? OPD VII. Whether the present suit proceedings are barred by virtue of the subsisting consent order dated 21.04.2014 entered in to between the parties before the Hon'ble High Court in FAO no. 7/2012? OPD/OPP VIII. Whether the present suit is liable to be dismissed due to the concealment and suppression of facts by the plaintiff as set out in the preliminary objections at paragraph E [Concealment of facts and material suppression of facts] of the written statement? OPD IX. Whether the present suit is barred by the principles of delay, latches and acquiescence? OPD X. Whether the plaintiff is entitled to the relief of damages or in the alternative, rendition of accounts, as prayed? OPP XI. Relief and costs
5. Learned counsel for the defendant has also proposed the following issue: -
CS(COMM) 550/2022 Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2025 at 20:49:46 'Whether the trademark INDIA GATE under registration number 599833 is invalid and is liable to be rectified? OPD'
6. It is directed that this issue will be framed after deciding I.A. No. 31113/2025.
7. No other issues are pressed by the parties. Framing of preliminary issue
8. Parties agree that issue no. 'I' as framed above, has to be decided on the basis of the documents already filed on record and no trial is required for this issue. This issue is hereby treated as a preliminary issue and parties will address arguments on this issue after the captioned I.A. No. 31113/2025 has been decided. After decision of this issue, appropriate directions for trial will be issued.
9. List for hearing of I.A. 31113/2025 on 16.03.2026.
MANMEET PRITAM SINGH ARORA, J DECEMBER 15, 2025/rhc/IB CS(COMM) 550/2022 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2025 at 20:49:46