Moti Mahal Delux Management Services ... vs M/S Adl Foods Private Limited & Anr on 28 May, 2025

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Delhi High Court - Orders

Moti Mahal Delux Management Services ... vs M/S Adl Foods Private Limited & Anr on 28 May, 2025

Bench: Amit Bansal

                          $~27
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 540/2025
                                    MOTI MAHAL DELUX MANAGEMENT
                                    SERVICES PVT LTD & ORS.                                                         .....Plaintiffs
                                                                  Through:            Ms. Shreya Sethi, Advocate.

                                                                  versus

                                    M/S ADL FOODS PRIVATE LIMITED & ANR. .....Defendants
                                                                  Through:

                                    CORAM:
                                    HON'BLE MR. JUSTICE AMIT BANSAL
                                                                  ORDER

% 28.05.2025 I.A. 13778/2025 (exemption from filing Legal Proceeding Certificates)

1. For the reasons stated in the application, the same is allowed.

2. Plaintiffs are exempted from filing the legal proceedings certificates of trademarks registered in favour of the plaintiffs at this stage.

3. The application stands disposed of.

I.A. 13779/2025 (u/s 12A of Commercial Courts Act)

4. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC Online SC 1382, exemption from the requirement of pre-institution mediation is granted.

5. The application stands disposed of.

I.A. 13780/2025 (u/s 149 of the CPC)

6. Ms. Shreya Sethi, counsel appearing on behalf of the plaintiffs CS(COMM) 540/2025 Page 1 of 7 This is a digitally signed order.

7. Statement of counsel is taken on record.

8. The application is disposed of.

I.A. 13781/2025 (exemption from certified copies of dim annexures)

9. Allowed, subject to the plaintiffs filing legible/ translated copies of the annexures within four weeks from today.

10. The application stands disposed of.

CS(COMM) 540/2025

11. Let the plaint be registered as a suit.

12. None appears on behalf of the defendant no.1 despite advance service.

13. Issue fresh summons.

14. Summons be issued to the defendants through all modes. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

15. Liberty is given to the plaintiffs to file replication(s), if any, within thirty days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiffs, affidavit of admission/denial of the documents of the defendants be filed by the plaintiffs.

16. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

CS(COMM) 540/2025 Page 2 of 7

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 27/06/2025 at 22:05:29

17. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

18. List before the Joint Registrar on 7th August, 2025 for completion of service and pleadings.

19. List before the Court on 14th October, 2025.

I.A. 13777/2025 (O-XXXIX Rules 1 and 2 of CPC)

20. The present suit has been filed seeking relief of permanent injunction restraining the defendant no.1 from infringing the trademarks and copyrights of the plaintiff, passing off along with other ancillary reliefs.

21. Counsel appearing on behalf of the plaintiffs submits that the plaintiffs, no. 1 to 3 and the defendant no.2 are the rightful and exclusive owners and registered proprietors of the trademark 'MOTI MAHAL'. The plaintiff no.1 is the rightful and exclusive owner and registered proprietor of the trademarks 'MOTI MAHAL', 'MOTI MAHAL GROUP', 'MOTI MAHAL MANAGEMENT SERVICES' and the plaintiffs no. 1 to 2 and 4 are the rightful and exclusive owners and registered proprietors of the trademark 'TANDOORI TRAIL' which are used in relation to high quality and famous restaurants operating throughout the country and around the globe.

22. Defendant no. 1 is an ex-franchisee of plaintiff no.1 and is engaged in the business of providing restaurant, catering and hospitality services. The plaintiffs had entered into a Franchise Agreement with defendant no.1 on 1st July, 2022 (hereinafter the 'Franchise Agreement').

23. The aforesaid Franchise Agreement was terminated by the plaintiffs vide notice of termination dated 18th April, 2025. In terms of the Franchise Agreement, the defendant no.1 has no right to use the trademarks of the CS(COMM) 540/2025 Page 3 of 7 This is a digitally signed order.

24. Accordingly, a cease and desist notice dated 1st May, 2025 was issued calling upon the defendant no.1 to refrain from using the mark 'MOTI MAHAL'. Defendant no.1 replied to the termination notice as well as the cease and desist notice vide responses dated 3rd May, 2025 and 20th May, 2025, respectively, refusing to comply with the requisitions contained in the said notices. In the replies, the defendant no.1 has alleged breach of agreement on the part of the plaintiffs and has sought monetary compensation in this regard. However, even assuming such a monetary claim exists, the defendant no.1 cannot, on that basis, justify or continue the use of the impugned marks after termination of the Franchise Agreement.

25. On 6th May, 2025, the plaintiffs' representative visited the restaurant being run by the defendant no.1 and learnt that defendant no.1 is continuously using the impugned mark 'MOTI MAHAL' outside on the hoarding of the said premises as well as on the menu card and the invoices. The defendant no.1 is also using the impugned mark on various third-party social media websites along with listing platforms such as Google, Justdial, Zomato, Swiggy, Instagram and Facebook.

26. In addition to the above, the defendant no.1 has also been using the oval device of the plaintiffs, which is stated to be an original artistic work of the plaintiffs and is liable to be protected under Section 2(c) of the Copyright Act, 1957.

27. Despite service, none appears on behalf of the defendant no.1

28. Issue Notice.

CS(COMM) 540/2025 Page 4 of 7

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 27/06/2025 at 22:05:29

29. Notice be issued to the defendants via all permissible modes, including e-mail.

30. Reply(ies) be filed within four (4) weeks.

31. Rejoinder(s) thereto, if any, be filed within two (2) weeks thereafter.

32. In terms of the Franchise Agreement, the defendant no.1 has no right to use the trademarks of the plaintiffs after the termination of the Franchise Agreement.

33. Despite the termination of the Franchise Agreement, the defendant no.1 is still continuing to carry on its operations under the plaintiffs' trademarks. A prima facie case has been made out on behalf of the plaintiffs.

34. Balance of convenience is in favour of the plaintiffs and against the defendant no.1. Irreparable injury would be caused to the plaintiffs if the defendant no.1 continues to use the impugned marks/labels. Prejudice would also be caused to the public as the public will wrongly associate the services offered by defendant no.1 with those of the plaintiffs.

35. Consequently, till the next date of hearing, defendant no. 1, its principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc. be restrained by an ex parte ad interim injunction from advertising, selling, offering for sale, marketing, promoting any restaurant and catering business or in any other manner whatsoever, using the Impugned Marks 'MOTI MAHAL', 'MOTI MAHAL DELUX' and 'MOTI MAHAL DELUX TANDOORI TRAIL/ ', or any other mark which is deceptively and/or confusingly similar and/or CS(COMM) 540/2025 Page 5 of 7 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 27/06/2025 at 22:05:29 identical/virtually identical to the plaintiffs' trademarks 'MOTI MAHAL', 'MOTI MAHAL GROUP', 'MOTI MAHAL MANAGEMENT SERVICES', 'TANDOORI TRAIL', 'MOTI MAHAL' formative marks or any of the trademarks as mentioned in paragraph no. 10-12 of the plaint, either as a trademark or part of a trademark, or in any other manner whatsoever.

36. Further, the defendant no.1, its principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc. are directed:

i. To remove all the references of the Impugned Marks 'MOTI MAHAL', 'MOTI MAHAL DELUX' and/or 'MOTI MAHAL DELUX TANDOORI TRAIL/ ' from the board/hoarding of the impugned restaurant outside the premises at the address mentioned in the cause title of the plaint, from the menus, invoices, feedback forms and from third-party and social media websites including but not limited to Google, Justdial, Zomato, Swiggy, Instagram and Facebook and/or make full and fair disclosures of other websites/third party websites/social media websites which contain reference of the impugned marks or any other mark which is deceptively and/or confusingly similar and/or identical/virtually identical to the plaintiffs' trademarks 'MOTI MAHAL', 'MOTI MAHAL CS(COMM) 540/2025 Page 6 of 7 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 27/06/2025 at 22:05:29 GROUP', 'MOTI MAHAL MANAGEMENT SERVICES', 'TANDOORI TRAIL', 'MOTI MAHAL' formative marks or any of the trademarks as mentioned in paragraph no. 10-12 of the present application and immediately take steps to remove the said references.

ii. To remove all references of the plaintiffs' website www.motimahal.in, Email ID and photographs of the plaintiffs and the plaintiff no. 2 and defendant no.2's grandfather Late Mr. Kundan Lal Gujral from third-party and social media websites including but not limited to Google, Justdial, Zomato, Swiggy, Instagram and Facebook and from their menus whether physical or those uploaded on the above third-party and social media websites.

37. Compliance of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 (CPC) shall be filed within five days from today. The necessary affidavit shall be filed within one week thereafter.

38. List before the Joint Registrar on 7th August, 2025, for completion of service and pleadings.

39. List before the Court on 14th October, 2025.

AMIT BANSAL, J MAY 28, 2025 kd CS(COMM) 540/2025 Page 7 of 7 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 27/06/2025 at 22:05:29

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Delhi High Court - Orders