Delhi High Court - Orders
Select Citywalk Retail Private Limited ... vs Vardhman Amrante Private Limited on 18 September, 2025
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 995/2025
SELECT CITYWALK RETAIL PRIVATE LIMITED
& ANR. .....Plaintiffs
Through: Mr. Chander M. Lall, Senior
Advocate with Mr. Kapil Midha, Ms.
Annanya Mehan, Ms. Muskaan Garg
and Mr. Garv Singh, Advocates.
versus
VARDHMAN AMRANTE PRIVATE LIMITED .....Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 18.09.2025 I.A. 23257/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. No. 23258/2025 (Exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015.
4. As the present matter 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.
CS(COMM) 995/2025 Page 1 of 16This 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 22/09/2025 at 23:41:49
5. The Application stands disposed of.
I.A. No. 23259/2025 (Exemption from advance service to the Defendant)
6. This is an Application filed by the Plaintiffs under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking exemption from advance service to the Defendant.
7. Mr. Chander M. Lall, learned Senior Counsel for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendant may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.
8. In view of the fact that the Plaintiffs have sought an urgent ex-parte ad-interim injunction, the exemption from advance service to the Defendant is granted.
9. The Application is disposed of.
CS (COMM) 995/2025
10. Let the Plaint be registered as a Suit.
11. Issue Summons. Let the Summons be served to the Defendant through all permissible modes upon filing of the Process Fee.
12. The Summons shall state that the Written Statement shall be filed by the Defendant within 30 days from the date of the receipt of Summons. Along with the Written Statement, the Defendant shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement shall not be taken on record.
13. Liberty is granted to the Plaintiffs to file Replication(s), if any, within CS(COMM) 995/2025 Page 2 of 16 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 22/09/2025 at 23:41:49 30 days from the receipt of the Written Statement. Along with the Replication(s) filed by the Plaintiffs, Affidavit(s) of Admission / Denial of the documents of Defendant be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.
14. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
15. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
16. List before the learned Joint Registrar on 18.11.2025 for completion of service and pleadings.
I.A. No. 23256/2025 (U/O XXXIX Rule 1 & 2 of CPC)
17. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.
18. The present suit has been filed for permanent injunction restraining infringement of the registered Trade Marks 'CITYWALK', 'SELECT CITYWALK' and ("Plaintiffs' Marks"), passing off, dilution, unfair competition for rendition of accounts / damages, delivery up, etc.
19. The learned Senior Counsel for the Plaintiffs has made the following submissions before this Court:
19.1. The Plaintiffs are engaged in diversified business areas, inter-alia, into the business of developers of commercial space, organizing CS(COMM) 995/2025 Page 3 of 16 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 22/09/2025 at 23:41:49 events and exhibitions for commercial and advertising purposes, advertising, food courts, organizing of activities for entertainment and cultural purposes, real estate, travel & tourism industry. Plaintiff No. l is the owner and proprietor of the Mark 'CITYWALK' and has exclusive rights over the same. Vide an Assignment deed dated 15.07.2022, Plaintiff No. 1 has acquired all rights, title, and interests in the Mark 'CITYWALK', and in its different forms and variants including the goodwill of the business in which the Mark 'CITYWALK' was used, and Plaintiff No. l has become the owner of the Mark 'CITYWALK'. The use of the Mark 'CITYWALK' by Plaintiff No. 2, prior to the said assignment deed as proprietor thereof, and goodwill generated by such use, inures to the benefit of Plaintiff No. l. Plaintiff No. 1 has licensed back the Mark 'CITYWALK' and it's different fonts or variants to Plaintiff No. 2 on perpetuity basis through a licensing back agreement dated 16.07.2022. 19.2. The Mark 'CITYWALK' is a unique Mark, adopted by M/s Select Infrastructure Limited in the year 2004. M/s Select Infrastructure Limited was converted into a Private Limited Company namely, M/s Select Infrastructure Private Limited, i.e., Plaintiff No.2 in the year 2004. Since then, Plaintiff No.2 has extensively and continuously used the Mark 'CITYWALK'.
19.3. Plaintiff No. 1 is the proprietor of the Plaintiffs' Marks and various other formative 'CITYWALK' Marks. The details of the registrations of the Plaintiffs' Marks and other formative 'CITYWALK' Marks is reproduced hereunder:
CS(COMM) 995/2025 Page 4 of 16This 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 22/09/2025 at 23:41:49 S. NO. TRADEMARK APPLICATION CLASS STATUS NO.
1 1296536 37 Registered 2 CITYWALK 2149378 37 Registered 3 1445911 37 Registered 4 Select CITYWALK 2149384 37 Registered 5 CITY WALKER 2149390 37 Registered 6 SELECT 2149396 37 Registered CITYWALKER 7 CITY WALKER 2149389 36 Registered 8 2865367 36 Registered 9 SELECT CITYWALK 3530108 9, 18, Registered 19 & 25 10 1296535 42 Registered CS(COMM) 995/2025 Page 5 of 16 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 22/09/2025 at 23:41:49 11 CITYWALK 2315385 16 Registered 12 CITYWALK 3553829 14 Registered 13 CITYWALK 3553830 20 Registered 14 1445914 42 Registered 15 1746893 35 Registered 16 Select CITYWALK 2149387 43 Registered 17 Select CITYWALK 2315386 16 Registered 18 SELECT CITYWALK 3554108 20 Registered 19 SELECT CITYWALK 3554110 28, 29, Registered 30, 32, 45 20 Select CITYWALK 2149382 35 Registered 21 Select CITYWALK 2149386 41 Registered CS(COMM) 995/2025 Page 6 of 16 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 22/09/2025 at 23:41:49 22 SELECT CITYWALK 3554107 14 Registered 23 CITY WALKER 2149391 39 Registered 24 CITY WALKER 2149388 35 Registered 25 CITYWALKER 3554073 14, 20, Registered 21, 28, 29, 30, 32, 45 26 CITY WALKER 2149392 41 Registered 27 CITY WALKER 2149393 43 Registered 28 CITY WALKER 2315382 16 Registered 29 CITYWALKER 3530109 9, 18, Registered 19 & 25 30 SELECT 2149394 35 Registered CITYWALKER 31 SELECT 2149397 39 Registered CITYWALKER 32 SELECT 2149398 41 Registered CITYWALKER 33 SELECT 3554074 14, 20, Registered CITYWALKER 21, 28, 29, 30, 32, 45 34 SELECT 2149399 43 Registered CITYWALKER 35 SELECT 2315383 16 Registered CS(COMM) 995/2025 Page 7 of 16 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 22/09/2025 at 23:41:49 CITYWALKER 36 2865366 35 Registered 37 2865370 41 Registered 38 2865371 43 Registered 39 1725303 35 Registered 40 PERFUME COUTURE 2149404 35 Registered @ SELECT CITYWALK 41 Styling Services @ 2149405 42 Registered CS(COMM) 995/2025 Page 8 of 16 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 22/09/2025 at 23:41:49 SELECT CITYWALK 42 2990532 35 Registered 43 PERSONAL 2149400 35 Registered SHOPPING @ SELECT CITYWALK 44 PERSONAL 2149401 39 Registered SHOPPING @ SELECT CITYWALK 45 PERSONAL 2149402 41 Registered SHOPPING @ SELECT CITYWALK 46 PERSONAL 2149403 43 Registered SHOPPING @ SELECT CITYWALK 47 PERSONAL 2315384 16 Registered SHOPPING @ SELECT CITYWALK 48 REBORN AT SELECT 4074311 35 & 41 Registered CITYWALK 49 REBORN AT SELECT 4074312 9, 16, Registered CITYWALK 25 & 43 CS(COMM) 995/2025 Page 9 of 16 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 22/09/2025 at 23:41:49 50 ANYQUE BY 3864103 9, 14, Registered CITYWALK 16, 18, 25 & 35 51 ANYQUE BY SELECT 3864104 9, 14, Registered CITYWALK 16, 18, 25 & 35 52 SELECT 3530110 9, 18, Registered CITYWALKER 19 & 25 53 Select Citywalk 1746893 35 Registered Oktoberfest 54 Select Citywalk 3554109 21 Registered 19.4. The Plaintiffs have obtained the registration of their domain name, www.selectcitywalk.com, in the year 2004, which is a fully operational website and provides extensive information about the Plaintiffs' business. The Plaintiffs have expended huge sums of money in building up the reputation and consumer frenzy for the 'CITYWALK' brand.
19.5. The Plaintiffs have been spending a considerable sum of money on advertisement of its shopping cum commercial complex under the name nexus and style of the Plaintiffs' Marks. The Plaintiffs have spent huge amount of time, effort, and money in popularizing its Trade Marks in relation to its services. The Plaintiffs incur a significant amount of expenditure in advertising and otherwise, promoting its services offered in India. It is due to the incessant CS(COMM) 995/2025 Page 10 of 16 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 22/09/2025 at 23:41:49 endeavours of the Plaintiffs' Marks have also been beneficiary of unsolicited media attention. The details of the approximate year-wise expenses incurred by the Plaintiffs on advertising and otherwise promoting its products and services under the Plaintiffs' Marks are given hereunder:
YEAR ADVERTISING & BUSINESS
PROMOTION EXPENSES (INR)
2007-2008 2,87,22,061/-
2008-2009 2,96,80,616/-
2009-2010 2,99,66,914/-
2010-2011 3,59,86,376/-
2011-2012 4,90,38,461/-
2012-2013 5,83,75,617/-
2013-2014 8,13,41,296/-
2014-2015 8,29,37,265/-
2015-2016 8,78,77,861/-
2016-2017 9,77,99,279/-
2017-2018 9,15,52,397/-
2018-2019 11,69,20,318/-
2019-2020 14,57,15,143/-
2020-2021 6,73,51,517/-
2021-2022 7,53,93,282/-
2022-2023 8,41,30,000/-
2023-2024 9,46,30,113/-
2024-2025 7,87,33,508/-
CS(COMM) 995/2025 Page 11 of 16
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 22/09/2025 at 23:41:49 19.6. The Defendant has adopted and is marketing and promoting its services under identical Marks 'VARDHAMAN CITYWALK' and ("Impugned Marks") for providing identical services, i.e., real estate development which includes commercial spaces, themed landscapes & outdoor zones, and other entertainment activities therein etc., merely with an intent to deceive the public at large, and to ride upon the enormous reputation and goodwill earned by the Plaintiffs over the years. A comparison of the Plaintiffs' Marks and the Impugned Marks is reproduced hereunder:
Plaintiffs' Trade Mark Defendant's Mark CITYWALK VARDHMAN CITYWALK CS(COMM) 995/2025 Page 12 of 16 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 22/09/2025 at 23:41:49 19.7. The Defendant has on 22.05.2024, applied on a proposed to be used basis, for the Trade Mark Application No. 6444384 in Class 36 for the registration of the Device Mark ' '/ 'VARDHAMAN CITYWALK' and Application No. 6444385 in Class 37 for the registration of the Device Mark ' '/ 'VARDHAMAN CITYWALK' ("Defendant's Trade Mark Applications"). 19.8. The Defendant's Trade Mark Applications have been objected to by the Trade Marks Registry through the Examination Reports dated 13.03.2025. In the First Examination Report of the Trade Mark Application No. 6444384 dated 13.03.2025, the Plaintiffs' Mark 'CITYWALK' under Trade Mark Application No. 2149377 dated 25.05.2011 was cited. In the First Examination Report of the Trade Mark Application No. 6444385 dated 13.03.2025, the Plaintiffs' Mark 'CITYWALK' under Trade Mark Application Nos. 1296536 and 2149378 dated 16.07.2004 and 25.05.2011 respectively were cited. 19.9. The Plaintiffs issued a Legal Notice dated 23.04.2025 ("Legal Notice") to the Defendant seeking to restrain them from using the CS(COMM) 995/2025 Page 13 of 16 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 22/09/2025 at 23:41:49 Impugned Marks. The Defendant sent a Reply dated 12.05.2025 to the Legal Notice ("Reply to the Legal Notice") wherein the Defendant refused to use the Impugned Marks. The Defendant claimed that 'VARDHAMAN CITYWALK' is a coined word and has been freshly coined by the Defendant by taking expression 'VARDHAMAN' from its corporate name 'VARDHAMAN AMRANTE PVT. LTD.' and adding two dictionary words 'CITY' and 'WALK'. The Defendant asserted that the Impugned Marks are a coined expression and has no obvious meaning to the lay man on the street. In contradiction, the Defendant further asserted that 'CITYWALK' is a dictionary word and typically refers to a casual, leisurely stroll through a city, often with an emphasis on exploration and experiencing the local environment.
19.10. In the Reply to the Legal Notice, the Defendant further claimed that the Impugned Marks have been used commercially since their adoption in 2024, when admittedly there is no mall / commercial complex by this brand till date. In fact, even the project has not yet commenced and is bare land at present. The Defendant claims to be launching a project under the Impugned Marks wherein they claim to be providing real estate development which includes commercial spaces, themed landscapes, outdoor zones, and other entertainment activities therein etc. The Defendant has only used the Impugned Marks by promoting the Impugned Marks on social media platforms and the Defendant has not commenced the actual use under the Impugned Marks. Initially, the Defendant had put a banner under the Impugned Marks for its project situated at Chandigarh-Ludhiana CS(COMM) 995/2025 Page 14 of 16 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 22/09/2025 at 23:41:49 Road, right next to their mall 'Vardhman City Center'. However, as on 08.09.2025, the Defendant has removed the said banner.
20. Having considered the submissions advanced by the learned Counsel for the Plaintiffs, the pleadings and the documents on record it is clear that the Plaintiffs are the registered proprietor of the Plaintiffs' Marks with the earliest registration for the Mark 'CITYWALK' in 2004. The Plaintiffs have been using the Mark 'CITYWALK' continuously since 2004 with respect to commercial spaces, themed landscapes & outdoor zones, and other entertainment activities therein etc. The Plaintiffs have demonstrated the goodwill and reputation acquired by the Plaintiffs' Marks. The Plaintiffs have spent a considerable amount on advertising and business promotion and recorded an expenditure of ₹7,87,33,508/- for advertising and business promotion in the Financial Year 2024-25. The Defendant's use of the Impugned Marks is prima facie dishonest and nothing but an attempt to ride the goodwill and reputation of the Plaintiffs' Marks so as to cause confusion in the market.
21. This is a case of triple identity where the Marks are identical, the product category is identical and also the consumer base is identical. The Plaintiffs being the prior user, adopter of the Mark 'CITYWALK' are entitled to protection. The identity in the Impugned Marks is so close to the Plaintiffs' Marks that the two are indistinguishable.
22. Accordingly, the Plaintiffs have made out a prima facie case for grant of an an ex-parte ad-interim injunction. Balance of convenience is in favour of the Plaintiffs and against the Defendant. Irreparable injury would be caused to the Plaintiffs if an ex-parte ad- interim injunction is not granted.
23. Accordingly, till the next date of hearing, the Defendant, its partners, CS(COMM) 995/2025 Page 15 of 16 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 22/09/2025 at 23:41:49 directors, assignees in business, its associates, affiliates, franchisees, licensees, distributors, dealers, stockists, retailers and agents are restrained from using, advertising through print media or through any other form of media including social media, putting up signboards, directly or indirectly dealing in real estate development which includes commercial spaces, themed landscapes & outdoor zones, and other entertainment, under the Impugned Marks, 'VARDHAMAN CITYWALK' and ' ', or any other Trade Mark that may be phonetically, visually, structurally and deceptively similar to the Plaintiffs' Marks, 'CITYWALK', 'SELECT CITYWALK' and ' ' or other formative 'CITYWALK' Marks, either as a Trade Mark, Service Mark, trading style, Trade Name, logo, key word, meta tag, hashtag, Domain Name, or in any other manner, so as to cause infringement or passing off of the Plaintiffs' Marks.
24. Let the Reply to the present Application be filed within four weeks after service of Notice. Rejoinder thereto, if any, be filed before the next date of hearing.
25. The compliance of Order XXXIX Rule 3 of the CPC be done within two weeks.
26. List before this Court on 21.01.2026.
TEJAS KARIA, J SEPTEMBER 18, 2025 CS(COMM) 995/2025 Page 16 of 16 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 22/09/2025 at 23:41:49