Delhi High Court - Orders
Capital Foods Private Limited vs Tapovan Foods Private Limited on 19 December, 2025
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1375/2025
CAPITAL FOODS PRIVATE LIMITED .....Plaintiff
Through: Mr. Pravin Anand, Mr. Dhruv Anand,
Mr. Rohil Bansal & Mr. Chirayu
Prahlad, Advocates.
Versus
TAPOVAN FOODS PRIVATE LIMITED .....Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 19.12.2025 IA No.31997/2025 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
IA No.31998/2025 (Exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 ("CC Act").
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.
5. The Application stands disposed of.
IA No.31999/2025 (Extension of time to file Court Fees)
6. The present Application has been filed by the Plaintiff under Section CS(COMM) 1375/2025 Page 1 of 11 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 23/12/2025 at 20:49:21 149 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking exemption from payment of Court Fees at the time of the filing of the Suit.
7. Considering the submissions made in the present Application, time of two weeks is granted to deposit the Court Fees.
8. The Application stands disposed of.
CS(COMM) 1375/2025
9. Let the Plaint be registered as a Suit.
10. Issue Summons. Let the Summons be served to the Defendant through all permissible modes upon filing of the Process Fee.
11. 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 Plaintiff, without which the Written Statement shall not be taken on record.
12. Liberty is granted to the Plaintiff to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of Defendant be filed by the Plaintiff, without which the Replication shall not be taken on record.
13. 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.
14. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
15. List before the learned Joint Registrar on 25.02.2026 for completion of CS(COMM) 1375/2025 Page 2 of 11 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 23/12/2025 at 20:49:21 service and pleadings.
IA No.31996/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
16. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.
17. The Plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
18. Accordingly, the Application stands disposed of. IA No.31995/2025 (U/O XXXIX Rule 1 & 2 of CPC)
19. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.
20. The present Suit has been filed for permanent injunction restraining infringement of the registered Trade Mark, 'SCHEZWAN CHUTNEY' ("Plaintiff's Mark"), passing off, dilution, unfair competition for rendition of accounts / damages, delivery up, etc.
21. The learned Counsel for the Plaintiff made the following submissions:
21.1. The Plaintiff, Capital Foods Private Limited, was incorporated in 2003 and is now acquired by Tata Consumer Products Limited, is an associate of the TATA Group and is a leading food enterprise engaged in the business of manufacturing, marketing, and retailing a diverse range of food products including sauces, noodles, condiments, soups, and ready-to-eat items. The Plaintiff is also operating a website, www.capitalfoods.co.in for its products.
21.2. The Plaintiff conceived and adopted the Plaintiff's Mark in the CS(COMM) 1375/2025 Page 3 of 11 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 23/12/2025 at 20:49:21 year 2012, which is derived from and is a unique and distinctive combination of two words, i.e., 'SCHEZWAN' and 'CHUTNEY' in respect of a hot, spicy and peppery sauce / dip having a unique proprietary recipe and taste profile developed by the Plaintiff after significant amount of research and efforts. Since inception, the Plaintiff's Mark has been continuously, extensively and uninterruptedly used by the Plaintiff along with huge promotional activities that has resulted in the Plaintiff's Mark acquiring a secondary significance.
21.3. The Division Bench of this Court in the case of 'Capital Foods Private Limited v. Radiant Indus Chem Pvt. Ltd.', FAO(OS) (COMM) 16/2023, has vide order dated 25.01.2023 categorically noted that the Plaintiff's Mark has acquired secondary significance. For the Financial Year ("FY") 2024-2025, the Plaintiff recorded a total revenue of ₹93,417 lakhs, with significant expenditures including ₹6,388 lakhs on advertising. 21.4. The Plaintiff is the owner of the Copyrights in respect of the Trade Dress of its various products. The Artistic Work of the Plaintiff, ' ' is unique and distinct and is registered bearing the number A-149563/2023 dated 08.12.2023 CS(COMM) 1375/2025 Page 4 of 11 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 23/12/2025 at 20:49:21 ("Plaintiff's Artistic Work"). The details of the registration of the Plaintiff's Mark and the Plaintiff's Artistic Work are as under:
Trade Mark Registration Particulars SCHEZWAN CHU1NEY TM Registration no. 2431851 dated (Wordmark) 22/11/2012 in Class 30 for Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle;
yeast, baking powder; salt, mustard;
vinegar, sauces, (condiments); spices;
ice cream, ice cream powder, snack food, farsan, wafer, biscuits, cakes, chocolates, jam, powder milk, noodles, pasta, pulses, foods seasoning, deserts, papad, ketchup, edible articles for human consumption, masala, squash, fruit juice, chutneys, salad dressings, instant tea, ready to eat, samosas, sauce & soup mixes, entrees.
Copyright Registration Particulars Copyright Registration No. A-
149563/2023 dated 08/12/2023 21.5. The Defendant, Tapovan Foods Private Limited, having their Registered Office at Hathras, Uttar Pradesh is engaged in the business of manufacturing, marketing and selling products, CS(COMM) 1375/2025 Page 5 of 11 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 23/12/2025 at 20:49:21 under the Plaintiff's Mark, 'SCHEZWAN CHUTNEY', to manufacture hot, spicy and peppery sauce / dip and 'SCHEZWAN SPICY CHUTNEY' ("Impugned Marks") and ' ' and ' ' ("Infringing Products") across India.
21.6. The Defendant is selling the Infringing Products on their website, www.testofoods.com, ("Defendant's Website"). The Infringing Products are sold through a highly interactive website, with nationwide shipping, online payment facilities, and listings on e- commerce platforms like Flipkart and IndiaMart. 21.7. In in May, 2025, the Plaintiff became aware of the Defendant through various sources and issued a legal notice dated 09.05.2025 ("Legal Notice") demanding cessation of use, to which the Defendant replied on 09.05.2025 via e-mail ("Reply") stating that they were aware of the Plaintiff's rights as the proprietor of the registered Plaintiff's Mark and that the Defendant instructed their e-commerce team to taken down all CS(COMM) 1375/2025 Page 6 of 11 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 23/12/2025 at 20:49:21 pictures of the Infringing Product, ' ' from all online platforms and also instructed their stock keeping units to remove the artwork associated with the Infringing Products. 21.8. The Defendant then sent a letter dated 17.05.2025 ("Letter") to the Plaintiff's Counsel, which was received on 19.05.2025. In the Letter, the Defendant stated that the Defendant had removed the Impugned Mark, 'SCHEZWAN CHUTNEY' from all relevant stock keeping units and also removed all associated images and references to the Plaintiff's Mark from all e-commerce and offline platforms. The Defendant also confirmed that the Defendant will not adopt, apply or use the Plaintiff's Mark or any similar Mark anywhere. In the Letter, the Defendant also proposed to adopt a new packaging i.e., ' ', which too is unacceptable to the Plaintiff.
21.9. The Plaintiff on 20.05.2025 replied to the Letter ("Reply to Letter"), wherein the Plaintiff informed the Defendant that the proposed name, Impugned Mark, 'SCHEZWAN SPICY CS(COMM) 1375/2025 Page 7 of 11 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 23/12/2025 at 20:49:21 CHUTNEY' is deceptively similar to the Plaintiff's Mark and that such an adoption was not acceptable.
21.10.On 19.06.2025, the Plaintiff, through its Counsel, deputed an investigator, who placed an order for purchasing the Infringing Product, ' ' through the Defendant's Website. The Infringing Products got delivered at the investigator with substantial delay on 16.07.2025. Owing to the delay in getting the delivery of the Infringing Product, ' ' the investigator contacted the Defendant and got in touch with Mr. Anuj Soni to get the Infringing Products delivered.
21.11.As the Plaintiff received no response to the Reply to the Letter, the Plaintiff then sent a reminder on 18.09.2025 ("Reminder"). The Defendant responded to the Reminder on the same day stating that they were working on changing the Impugned Marks and will do so on top priority.
21.12.On 23.09.2025, the investigator once again placed an order for CS(COMM) 1375/2025 Page 8 of 11 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 23/12/2025 at 20:49:21 the Infringing Product, ' ' through the Defendant's Website and the same was delivered on 25.09.2025. 21.13.A comparative table between the Plaintiff's product under the Plaintiff's Mark and the Infringing Products under the Impugned Marks is hereunder:
Plaintiff's Mark Impugned Marks
SCHEZWAN CHUTNEY SCHEZWAN CHUTNEY
SCHEZWAN SPICY CHUTNEY
Plaintiff's product Infringing Products
22. Having considered the submissions advanced by the learned Counsel for the Plaintiff, the pleadings and the documents on record it is clear that the Plaintiff is the registered proprietor of the Plaintiff's Mark. The Plaintiff has been able to establish long and continuous use of the Plaintiff's Mark with CS(COMM) 1375/2025 Page 9 of 11 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 23/12/2025 at 20:49:21 respect to hot, spicy and peppery sauce / dip. The Plaintiff has demonstrated the goodwill and reputation acquired by the Plaintiff's Mark. The Plaintiff recorded a total revenue of ₹93,417 lakhs, with significant expenditures including ₹6,388 lakhs on advertising in the FY 2024-2025. The Defendant's use of the Infringing Products under the Impugned Marks is prima facie dishonest and nothing but an attempt to ride the goodwill and reputation of the Plaintiff's Mark so as to cause confusion in the market.
23. This is a case of triple identity where the mark is identical, the product category is identical and the trade channel as also the consumer base is identical. The Plaintiff being the prior user, adopter and the registered owner of the Plaintiff's Mark is entitled to protection.
24. A prima facie case has been made out on behalf of the Plaintiff for grant of an ex-parte ad-interim injunction. Balance of convenience is in favour of the Plaintiff and against the Defendant. Irreparable injury would be caused to the Plaintiff if an ex-parte ad-interim injunction is not granted.
25. The Defendant is not only riding on the immense and valuable goodwill and reputation enjoyed by the Plaintiff but are also attempting to show some association or nexus with the Plaintiff, where none exists. There is a strong likelihood that unwary consumers will be duped into buying the Infringing Products by believing them to be originating from the Plaintiff, which is detrimental to not only the reputation and goodwill of the Plaintiff, but is also detrimental to the consumers as they are being deceived into buying inferior quality products of the Defendant.
26. Accordingly, till the next date of hearing, the Defendant, their directors, proprietors, partners, associates, assigns or assignees in interest, heirs, successors or successors in interest, sister concerns or group companies, CS(COMM) 1375/2025 Page 10 of 11 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 23/12/2025 at 20:49:21 distributors, dealers, wholesalers, stockiest, agents and all others acting for and on their behalf are restrained from using, soliciting, providing services and advertising in any manner including on the internet and e-commerce platform, directly or indirectly dealing in the Infringing Products, ' ' and ' ' and Impugned Marks, 'SCHEZWAN CHUTNEY' and 'SCHEZWAN SPICY CHUTNEY' and / or food products and services including sauces, dips, spreads, noodles, dressings, condiments, spices, sauce mixes, soups, pastes, ready-to-eat food products and other food preparations and related services under the Plaintiff's Mark, 'SCHEZWAN CHUTNEY', and / or any other Mark which is identical or deceptively similar to the Plaintiff's Mark, so as to cause infringement and / or passing off the Infringing Products as those of the Plaintiff.
27. 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.
28. The compliance of Order XXXIX Rule 3 of the CPC be done within two weeks
29. List before Court on 27.04.2026.
TEJAS KARIA, J DECEMBER 19, 2025/gsr CS(COMM) 1375/2025 Page 11 of 11 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 23/12/2025 at 20:49:21