Delhi High Court - Orders
Victoria Foods Private Limited vs Mayurank Food Products Private Limited ... on 27 November, 2025
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1267/2025
VICTORIA FOODS PRIVATE LIMITED .....Plaintiff
Through: Mr. Abhinav Bhatia, Ms. Sakshi Jain
& Ms. Komolika Srivastava,
Advocates.
versus
MAYURANK FOOD PRODUCTS PRIVATE LIMITED
& ORS. .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 27.11.2025 I.A. 29548/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 29549/2025 (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.
CS(COMM) 1267/2025 Page 1 of 25This 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 12/12/2025 at 20:49:38 I.A. 29550/2025 (Exemption from advance service to the Defendants)
6. This is an Application filed by the Plaintiff under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking exemption from advance service to the Defendant.
7. Mr. Abhinav Bhatia, the learned Counsel for the Plaintiff, submitted that there is a real and imminent likelihood that the Defendants 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 Plaintiff has sought an urgent ex-parte ad- interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendants is granted.
9. The Application is disposed of.
I.A. 29551/2025 (Extension of time for filing the Certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023)
10. The present is an Application filed by the Plaintiff under Section 151 of the CPC seeking exemption from filing the requisite Certificate under Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2023.
11. The Plaintiff shall file the relevant Certificate within a period of four weeks.
12. Accordingly, the Application is allowed in the aforesaid terms. CS(COMM) 1267/2025
13. Let the Plaint be registered as a Suit.
14. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.
15. The Summons shall state that the Written Statement(s) shall be filed by CS(COMM) 1267/2025 Page 2 of 25 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 12/12/2025 at 20:49:38 the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiff, without which the Written Statement(s) shall not be taken on record.
16. Liberty is granted to the Plaintiff to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.
17. 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.
18. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
19. List before the learned Joint Registrar on 21.01.2026 for completion of service and pleadings.
I.A. 29547/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
20. 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.
21. 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.
22. Accordingly, the Application stands disposed of.
CS(COMM) 1267/2025 Page 3 of 25This 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 12/12/2025 at 20:49:38 I.A. 29545/2025 (U/O XXXIX Rules 1 & 2 of CPC)
23. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.
24. The Plaintiff has filed the present Suit for permanent injunction and damages for infringement of registered trade mark, passing off, unfair competition, misrepresentation, declaration, rendition of accounts, damages, delivery up, etc.
25. The learned Counsel for the Plaintiff made the following submissions:
25.1. The Plaintiff is engaged in the production of a wide range of food products, including atta, maida, sooji, dalia, pulses, rice, papad, poha, popcorn, and vermicelli (seviyan) ("Plaintiff's Products").
In the year 1966, Late Shri. Sundar Lal Jain, father of Shri. R. K. Jain, Director of the Plaintiff originally conceived and adopted the Marks / Labels 'RAJDHANI', ' ' , ' ' ("Subject Marks") for the Plaintiff's Products and since then the Subject Marks are in continuous and extensive use. The Subject Marks have gained reputation and goodwill and the general public associates the Subject Marks and sources their origin only with the Plaintiff and no one else. 25.2. In order to secure and enforce the statutory rights in the Subject Marks, the Plaintiff applied for and obtained the Trade Mark and Copyright registrations in respect of the Subject Marks for its CS(COMM) 1267/2025 Page 4 of 25 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 12/12/2025 at 20:49:38 products both in India and in various foreign jurisdictions. These registrations are valid, subsisting, and enforceable under the provisions of the Trade Marks Act, 1999, as well as the applicable laws of the respective jurisdictions abroad. The details of the registrations of the Subject Marks in India are reproduced below:
S. Trade Mark, Status User Date Date of Goods and Service No Application No. Application Detail . Class and Date of and Date of Usage Registration
1. Registered Proposed 02/08/1988 and Wheat flour RAJDHANI ATTA To Be Used 14/10/1994 (WORDMARK), 495299 and 30
2. Registered 01/01/1966 15/05/2017 and Gram (Whole), Rajma, Seeds, Wheat, Pulses , (Whole) Grains, 3548592 in Class 31 14/11/2017 Cattlefeed, Fresh Fruits and Vegetables, Agricultural and Horticultural Products, Included in Class 31
3. Rectification 01/01/1966 15/05/2017 and Fruits And Vegetables Filed 28/11/2020 (Cooked, Preserved, , Frozen, Dry, Roasted, 3548593 in Class 29 Preserved, Syrup), Pickles, Jams, Jellies, Peas, Peanut, Milk and Dairy Products, Cheese, Fats, Oils of All Kinds, Soup and Preparations for Making Soup, Salad Dressings, Meat, Fish, Poultry, Skimmed Milk Powder CS(COMM) 1267/2025 Page 5 of 25 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 12/12/2025 at 20:49:38
4. RAJDHANI Registered 01/01/1966 15/05/2017 and Fruits And Vegetables (Wordmark), 28/11/2020 (Cooked, Preserved, 3548594 in Class 29 Frozen, Dry, Roasted, Preserved, Syrup), Pickles, Jams, Jellies, Peas, Peanut, Milk and Dairy Products, Cheese, Fats, Oils Mof All Kinds, Soup and Preparations for Making Soup, Salad Dressings, Meat, Fish, Poultry, Skimmed Milk Powder
5. RAJDHANI Registered 01/01/1966 15/05/2017 and Preparations For (Wordmark), 07/08/2021 Making Beverages, 3548595 in Class 32 Juices, Squashes, Thandai, Soft Drinks, Mineral and Aerated Water in Class 32
6. Registered 01/07/2009 05/09/2013 and Meat, fish, poultry and With the 12/12/2018 game; meat extracts;
, Condition preserved, dried and
2591684 in Classes This is cooked fruits and
29,30,31,32 subject to vegetables; jellies,
association jams, fruit sauces;
with eggs, milk and milk
registered/pe products.[class : 30]
nding coffee, cocoa, sugar,
registration rice, tapioca, artificial
no.3548592, coffee; flour and
495299 preparations made
from cereals, bread,
pastry and
confectionery, ices;
honey, treacle; yeast,
baking powder; salt,
mustard; vinegar,
sauces, (condiments);
ice[class : 31]
CS(COMM) 1267/2025 Page 6 of 25
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 12/12/2025 at 20:49:38 agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt[class :
32] fruit drinks and fruit juices; syrups and other preparations for making beverages
7. Registered 01/07/2009 05/09/2013 and Meat, fish, poultry and 24/08/2020 game; meat extracts;
, preserved, dried and
2591685, in Classes cooked fruits and
29,30,31,32 vegetables; jellies,
jams, fruit sauces;
eggs, milk and milk
products[class : 30]
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[class : 31]
agricultural,
horticultural and
forestry products and
grains not included in
other classes; live
animals; fresh fruits
CS(COMM) 1267/2025 Page 7 of 25
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 12/12/2025 at 20:49:38 and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt[class :
32] fruit Drinks and fruit juices;
syrups And other preparations for Making beverages
8. Registered 14/01/2021 30/06/2022 and Poha (Snack Foods 20/06/2025 Made of Broken Rice);
Rice Flakes RAJDHANI POHA, 5511956 in Class 30 25.3. The Plaintiff is also the owner and proprietor of the artistic features involved in the Subject Marks and holds Copyrights therein. The details of the Plaintiff's Copyright registrations are reproduced below:
Copyright Current
S. No. Copyright
No Status
A-
1 RAJDHANI DALIA REGISTERED
128347/2019
RAJDHANI SELECT
A-
2 SOOJI REGISTERED
128353/2019
RAJDHANI SELECT
A-
3 MAIDA REGISTERED
128352/2019
A- RAJDHANI DAL
4 REGISTERED
128346/2019
CS(COMM) 1267/2025 Page 8 of 25
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 12/12/2025 at 20:49:38 A-
5 RAJDHANI BIG POP REGISTERED
128382/2019
A- RAJDHANI CHAKKI
6 REGISTERED
128381/2019 FRESH ATTA
RAJDHANI
A-
7 SEVIYAN SHORT- REGISTERED
128349/2019
CUT
A- RAJDHANI
8 REGISTERED
128344/2019 VERMICELLI
A- RAJDHANI SELECT
9 128348/2019 PAPAD PUNJABI REGISTERED
MASALA
RAJDHANI
A-
10 SEVIYAN ROASTED REGISTERED
128363/2019
U-CUT
A- RAJDHANI MAKKI
11 REGISTERED
128345/2019 ATTA
RAJDHANI
A-
12 SEVIYAN ROASTED REGISTERED
131263/2019
LONG CUT
25.4. The Plaintiff has been promoting regularly and continuously the Subject Marks, the Plaintiff's Products and business offered by the Plaintiff under the Subject Marks through advertisements, publicities, promotions, marketing and research. The Plaintiff has also been using the domain, https://www.rajdhanigroup.com/ since July 2000 which contains information about the Plaintiff's Products and business offered by the Plaintiff under the Subject Marks. 25.5. The Subject Mark 'RAJDHANI' for the product DAL has been in continuous, extensive, and uninterrupted use since the year 1966 through its erstwhile proprietor, and has been continued by the Plaintiff since the year 1983. The packaging of the Plaintiff's CS(COMM) 1267/2025 Page 9 of 25 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 12/12/2025 at 20:49:38 Products further incorporates a distinctive and unique artistic trade dress comprising peculiar designs, patterns, layouts, and colour combinations and the Subject Marks. In the course of trade, the Plaintiff has been using the Subject Marks for the product DAL vide the following Trade Dress ("Subject Trade Dress") wherein the Subject Mark 'RAJDHANI' is the most essential part of the Subject Trade Dress:
Packaging Front Packaging Back Packaging Front Packaging Back Packaging CS(COMM) 1267/2025 Page 10 of 25 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 12/12/2025 at 20:49:38 Front Packaging Back Packaging Front Export Pack Packaging Back Export Pack Packaging Front Packaging Back Packaging CS(COMM) 1267/2025 Page 11 of 25 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 12/12/2025 at 20:49:38 25.6. Defendant No. 1 is engaged in the business of sale and purchase of cashew nut, cardamom oleoresins, raisins and shells. Defendant No. 2 operates as a retailer offering products across various categories including fruits and vegetables, general grocery, dairy, frozen and bakery products, confectionery, detergents and cleaning supplies, health and beauty products, media and electronics, household goods and apparel. Defendant No. 3 is engaged in the business of articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, materials of headings, waste, parings and crap, of plastics and rayon jacquards and Defendant No. 4 is engaged in the business of polypropylene and packaging material. 25.7. The Plaintiff during the market survey in the month of November, 2025 found the product DAL under the Mark 'TASTY RAJDHANI' / ' ' ("Impugned Mark") at the premises of Defendant No. 2. Thereafter, the Plaintiff's representative purchased the product DAL under the Impugned Mark ("Impugned Products") from Defendant No. 2 and an invoice dated 10.11.2025 was also generated by Defendant No. 2. 25.8. Upon checking the packaging of the Impugned Products, it was revealed that the Impugned Products are being marketed by Defendant No. 1 and supplied to Defendant No. 2. Defendant No. 2 CS(COMM) 1267/2025 Page 12 of 25 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 12/12/2025 at 20:49:38 is actively participating in the unauthorised trade of the Impugned Products by selling the Impugned Products at its outlet. The Trade Dress of the Impugned Products is reproduced below ("Impugned Trade Dress"):
25.9. Upon conducting an investigation using Google Lens, as well as through a private Investigator, it was revealed that Defendant Nos. 3 and 4 are the manufacturers of the Impugned Trade Dress. It was further found that Defendant No. 3 is actively engaged in the supply and distribution of the Impugned Trade Dress and has displayed the Impugned Trade Dress on the website, exportersindia.com, wherein Defendant No. 3 has claimed to be the manufacturer of the Impugned Trade Dress. Defendant No. 3 has also displayed and advertised the Impugned Trade Dress on its own website, triconpolyfabs.com. The listings of the Impugned Trade Dress as appearing on the said websites are reproduced below:CS(COMM) 1267/2025 Page 13 of 25
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 12/12/2025 at 20:49:38 Listing on https://www.exportersindia.com/ vide URL https://www.exportersindia.com/product-detail/fancy-20-kg- pulses-bag-5473803.htm Listing vide URL https://triconpolyfabs.com/product.html on Defendant No. 3 own website CS(COMM) 1267/2025 Page 14 of 25 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 12/12/2025 at 20:49:38 25.10. Defendant No. 4 has also listed the Impugned Trade Dress on the platform, IndiaMART under the URL https://www.indiamart.com/proddetail/customized-printed-bopp-
bags-20417271273.html available at indiamart.com, wherein Defendant No. 4 has represented itself as the manufacturer of the Impugned Trade Dress. A screenshot of the said listing is reproduced below:
CS(COMM) 1267/2025 Page 15 of 25This 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 12/12/2025 at 20:49:38 25.11. Thus, Defendant Nos. 3 and 4 by manufacturing and supplying the Impugned Trade Dress are wilfully participating in the infringement of the Subject Marks. The deliberate production and distribution of the Impugned Trade Dress demonstrates mala fide intention to benefit from the unlawful adoption of the Impugned Mark which is deceptively similar to the Subject Marks and to mislead the consumers and cause harm to the Plaintiff's reputation and goodwill.
25.12. The Defendants have replicated the manner in which the Plaintiff displays the word 'RAJDHANI', in white lettering on a red background, for the identical product i.e., DAL. The Defendants have deliberately added the word 'TASTY' as prefix in an extremely small and insignificant font, making it almost imperceptible to consumers, thereby enhancing the deceptive similarity and likelihood of confusion. The addition of the word 'Tasty' in the Impugned Mark also does not create distinctiveness.
The Impugned Mark has prominently used the word 'RAJDHANI', which is an essential feature of the Subject Marks. A comparison of the Subject Marks and the Impugned Mark is as below:
Subject Mark Impugned Mark CS(COMM) 1267/2025 Page 16 of 25 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 12/12/2025 at 20:49:38 25.13. The Defendants' disclaimer, printed on the bottom of the Impugned Trade Dress, demonstrates that the Defendants have no legal or proprietary right over the Subject Marks. The disclaimer states that 'All our brands are non-registered, we hereby forgo our all types of actionable claims or enforceable rights in respect of brand name or picture printed in our packaging bags', which is a clear admission that the Defendants neither own nor claim any rights in the Impugned Mark. This disclaimer further reveals that the Defendants were fully conscious of their lack of entitlement to use the Subject Marks, yet continues to do so in wilful disregard of the Plaintiff's statutory and exclusive rights as the registered proprietor under the Trade Marks Act, 1999. The disclaimer on the Impugned Trade Dress is reproduced below:
25.14. The Defendants are fully aware of the Plaintiff's long-standing use of the Subject Marks for the Plaintiff's Products and the goodwill associated therewith, as the Plaintiff's Products are extensively advertised on national television, listed on all major e-commerce platforms, and sold across India. The Defendants' mala fide adoption of the Impugned Mark is, therefore, constitutes a deliberate act of passing off, misrepresentation leading to misappropriation of CS(COMM) 1267/2025 Page 17 of 25 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 12/12/2025 at 20:49:38 goodwill and reputation of the Plaintiff. The adoption of the Impugned Mark by the Defendants is solely with an intention with an intention to deceive consumers into believing that the Impugned Products originate from, or are associated with the Plaintiff and hijack the Plaintiff's consumer base, which the Plaintiff has developed over a period of time to enrich its business. 25.15. The alleged acts of the Defendants, will prejudice the time and effort expended by the Plaintiff to establish itself in the relevant market. The Impugned Products create high risk for consumers due to inferior quality and unhygienic conditions at the Defendants' establishment thereby making the Defendants' conduct harmful and against the interest of the general public and health. 25.16. The unauthorized adoption and use of the Impugned Mark, which is identical / deceptively similar to the Subject Marks therefore also constitutes an act of passing off, misrepresentation and lead to misappropriation of goodwill and reputation that vests exclusively with the Plaintiff. Therefore, the Defendants are liable to be restrained from doing the alleged acts.
26. This is a case of triple identity, where the Impugned Mark is identical, the product category is identical and the trade channel as also the consumer base is identical. Prima facie, the Impugned Mark adopted and used by the Defendants is visually, phonetically, structurally and deceptively similar to the Subject Marks. To an unwary consumer of average intelligence and imperfect recollection, the Impugned Mark and the Subject Marks are likely CS(COMM) 1267/2025 Page 18 of 25 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 12/12/2025 at 20:49:38 to appear identical, thereby leading to confusion regarding the source or origin of the products.
27. The material placed on record shows that the Plaintiff is the prior adopter and continuous user of the Subject Marks. The Plaintiff holds valid and subsisting Trade Mark and Copyright registrations in India and abroad, including for the Subject Marks. The Plaintiff's market presence, availability of the Plaintiff's Products across India, and considerable promotion of the Plaintiff's Products under the Subject Marks has resulted in the acquisition of goodwill and recognition amongst consumers and members of the trade.
28. The Impugned Trade Dress also reproduces the essential features of the Subject Trade Dress. The disclaimer on the Impugned Trade Dress indicates that the Defendants were aware of the Plaintiff's prior rights in the Subject Marks and the Subject Trade Dress and mala fidely adopted the Impugned Trade Dress.
29. Having considered the material placed on record and the submissions made by the learned Counsel for the Plaintiff, a prima facie case is made out in favour of the Plaintiff. The adoption and use of the Impugned Mark and the Impugned Trade Dress, being deceptively similar to the Subject Marks and the Subject Trade Dress, respectively, used for identical products are likely to create confusion and misrepresentation in the minds of consumers. The balance of convenience lies in favour of the Plaintiff, as the continued manufacture, marketing, and sale of the Impugned Products by the Defendants is likely to erode the Plaintiff's goodwill, divert its consumer base, and expose the public to the Impugned Products falsely associated with the Plaintiff. The Plaintiff is likely to suffer irreparable injury to its reputation, CS(COMM) 1267/2025 Page 19 of 25 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 12/12/2025 at 20:49:38 statutory rights, and consumer trust, if an ex-parte ad-interim injunction is not granted.
30. Accordingly, till the next date of hearing, the Defendants, their directors, their principal officers, family members, servants, agents, vendors, dealers, manufacturers, distributors, retailers and anyone acting for and on their behalf are restrained from producing, selling, offering for sale or advertising, promoting their products or services, displaying, exporting or enabling advertising campaigns either directly or indirectly in physical / electronic form, internet, websites in respect of any products or packaging material bearing the Impugned Trade Dress ' ' and / or the Impugned Mark 'TASTY RAJDHANI' / or any Mark, which is identical or deceptively similar to the Subject Marks 'RAJDHANI' / ' '/' '.
CS(COMM) 1267/2025 Page 20 of 25This 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 12/12/2025 at 20:49:38
31. 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.
32. List before this Court on 16.03.2026.
I.A. 25946/2025 (for Appointment of Local Commissioner)
33. The present Application has been filed by the Plaintiffs under Order XXVI Rule 9 read with Order XXXIX Rule 7 of the CPC, seeking appointment of a Local Commissioner. The Court has considered the merits of the Plaintiffs' case and has granted an ex-parte ad-interim injunction as recorded above in I.A. 25945/2025 under Order XXXIX Rule 1 and 2 of the CPC.
34. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint Local Commissioner to visit the Defendants' premises at the following address:
Sr. No. Particulars Name of Local Commissioner
1. Premises No. 322, Mouza Mr. Aditya Vikram, Advocate Barakhola, JL21 EM Bypass - Mobile No. [+91 9971194375] East Jadavpur, South Twenty-
Four Parganaa Kolkata -
700099
35. The mandate of the learned Local Commissioner is as under:
i. The learned Local Commissioner shall visit the premises of the Defendants as per the above table, to inspect and seize the Impugned Products, either in fully or semi-manufactured condition bearing the CS(COMM) 1267/2025 Page 21 of 25 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 12/12/2025 at 20:49:38 Impugned Mark 'TASTY RAJDHANI' / ' ' or any other Mark which is identical or deceptively similar to the Subject Marks.
ii. If knowledge is acquired of any other premises than the aforesaid premises, where the Impugned Products could be stored, the learned Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well; iii. The learned Local Commissioner shall also inspect and seize any product materials including pamphlets, brochures, stickers, packaging materials, dyes or blocks used for preparing the manufacturing materials, display boards, sign boards, advertising material, dies or blocks, unfinished, packed, unpacked Impugned Products or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the Impugned Products can take place;
iv. The learned Local Commissioner shall also obtain the details as to since when the Impugned Products are being dealt with by the Defendants and obtain copies of the accounts if the same is found to be sold in market;
v. The learned Local Commissioner shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records and any other books of record or commercial transactions kept at the premises of the Defendants, and CS(COMM) 1267/2025 Page 22 of 25 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 12/12/2025 at 20:49:38 take photocopy and / or record of all such transactions that pertain to Impugned Products, if any. The Defendants shall cooperate and give passwords to the computers and the files containing the accounts, if the same is stored on the computer or a specific software;
vi. After preparation of the inventory, the Impugned Products including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, banners, signage, cartons and other material and packaging bearing the Impugned Mark or any other Marks which are similar to the Subject Marks shall be released to the Defendants on superdari. The monetary value of the stock shall also be ascertained;
vii. The learned Local Commissioner is also permitted to break open the locks, with Police help, if access to the premises where the Impugned Products have been stocked / manufactured, is denied to the Commissioner;
viii. Upon being requested, the concerned Station House Officer (SHO) shall render necessary cooperation for execution of the Commission, as per this order;
ix. The learned Local Commissioner is permitted to take photographs and videos of the proceedings of the Commission, if it is deemed appropriate. Two representatives of the Plaintiff, which would include a lawyer, are permitted to accompany the learned Local Commissioner;CS(COMM) 1267/2025 Page 23 of 25
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 12/12/2025 at 20:49:38 x. The learned Local Commissioner, while executing the Commission, shall ensure that there is no disruption to the business of the Defendant, except for the purposes of the execution of the Commission. The Commission shall be executed in a peaceful manner.
36. Either the learned Counsel for the Plaintiff or the learned Local Commissioner is directed to collect the certified copy of this Order from the Registry (Dispatch Branch) before the execution of the Commission.
37. The learned Local Commissioner shall carry the certified copy of this Order for execution of the Commission and a copy of the same shall be served upon the Defendants by the learned Local Commissioner at the time of the execution of the Commission.
38. The fees of the learned Local Commissioner is fixed at ₹2,00,000/-
(Rupees Two Lakh only) excluding out of pocket expenses, travel, lodging etc. All the aforesaid expenses shall be borne by the Plaintiffs and paid in advance to the learned Local Commissioner named hereinabove.
39. The Commission shall be executed within two weeks, and the report of the learned Local Commissioner shall be filed within a period of two weeks thereafter.
40. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commission.
41. It is directed that this Order shall be uploaded on the Court's website after the execution of the Commission is completed, to enable effective execution thereof.
42. List before this Court on 16.03.2026.
CS(COMM) 1267/2025 Page 24 of 25This 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 12/12/2025 at 20:49:38
43. Order dasti under the signature of the Court Master TEJAS KARIA, J NOVEMBER 27, 2025/ 'A' CS(COMM) 1267/2025 Page 25 of 25 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 12/12/2025 at 20:49:38