Delhi High Court - Orders
Capital Foods Private Limited vs Ravi Pickles And Spices India Private ... on 4 November, 2025
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1173/2025
CAPITAL FOODS PRIVATE LIMITED .....Plaintiff
Through: Mr. Pravin Anand, Mr. Rohil Bansal &
Mr. Chirayu Prahlad, Advocates.
versus
RAVI PICKLES AND SPICES INDIA PRIVATE LIMITED
& ANR. .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 04.11.2025
I.A. 27241/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 27242/2025 (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) 1173/2025 Page 1 of 9This 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 07/11/2025 at 22:42:00 I.A. 27243/2025 (Extension of time to file Court Fees)
6. The present Application has been filed by the Plaintiff under Section 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) 1173/2025
9. Let the Plaint be registered as a Suit.
10. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.
11. The Summons shall state that the Written Statement(s) shall be filed by 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.
12. 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.
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 CS(COMM) 1173/2025 Page 2 of 9 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 07/11/2025 at 22:42:00 shall be sought and given within the prescribed timelines.
15. List before the learned Joint Registrar on 19.12.2025 for completion of service and pleadings.
I.A. 27240/2025 (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. I.A. 27239/2025 (U/O XXXIX Rules 1 and 2)
19. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.
20. The Plaintiff has filed the present Suit seeking a permanent injunction restraining infringement of the registered Trade Mark, 'SCHEZWAN CHUTNEY' ("Plaintiff's Mark"), passing off, unfair competition, damages, rendition of accounts of profits and delivery up.
21. The learned Counsel for the Plaintiff made the following submissions:
21.1. The Plaintiff, Capital Foods Private Limited, was incorporated in the year 2003. As on date, the Plaintiff Company has been acquired by Tata Consumers Products Limited, which is an associate company of the TATA Group and focuses on fast-moving consumer goods. The Plaintiff is a leading food company engaged, inter alia, in manufacturing, marketing and retailing of a wide variety of food products and services including sauces, dips, spreads, noodles, CS(COMM) 1173/2025 Page 3 of 9 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 07/11/2025 at 22:42:00 dressings, condiments, spices, sauce mixes, soups, pastes, ready-to- eat food products and other food preparations and related services for over two decades. The Plaintiff is also operating a website, www.capitalfoods.co.in, ("Plaintiff's Website"). 21.2. The Plaintiff conceived and adopted the Plaintiff's Mark in the 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 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 ("Plaintiff's Artistic CS(COMM) 1173/2025 Page 4 of 9 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 07/11/2025 at 22:42:00 Work"). The details of the registration of the Plaintiff's Mark and the Plaintiff's Artistic Work are as under:
TM REGISTRATION PARTICULARS
DETAILS
SCHEZWAN CHUTNEY 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, pap ad, ketchup, edible articles for human consumption, masala, squash, fruit juice, chutneys, salad dressings, instant tea, ready to eat, samosas, sauce & soup mixes, entrees.
PARTICULARS COPYRIGHT REGISTRATION
Copyright Registration
No.
A-149563/2023 dated
08/12/2023
21.4. The Division Bench of this Court in the case of Capital Foods CS(COMM) 1173/2025 Page 5 of 9 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 07/11/2025 at 22:42:00 Private Limited v. Radiant Indus Chem Pvt. Ltd., FAO(OS) (COMM) 16/2023, vide order dated 25.01.2025 has categorically noted that the Plaintiff's Mark has acquired secondary significance. The Plaintiff has spent ₹15,99,96,745 in advertisement of the products under the Plaintiff's Marks in the Financial Year ("FY") 2024-25 and have earned a revenue of ₹1,86,77,00,000 in FY 2024- 25 selling the products under the Plaintiff's Marks. 21.5. The Defendants are using the Marks, 'SZECHWAN CHUTNEY', ' ,' and ' ' ("Impugned Marks") and the Plaintiff's Mark, to manufacture hot, spicy and peppery sauce / dip, ' ' and ' ' ("Infringing Products"). Defendant No. 1, Ravi Pickles and Spices India Private Limited, is responsible for the marketing and sale of the Infringing Products. Defendant No. 2, Jain Spices and Agro Products India Private Limited, is the manufacturer of the Infringing CS(COMM) 1173/2025 Page 6 of 9 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 07/11/2025 at 22:42:00 Products. The Defendants are jointly engaged in manufacturing, marketing and selling of the Infringing Products across India, including New Delhi.
21.6. Sometime in early June 2025, the Plaintiff learnt that the Defendants are manufacturing and selling the Infringing Products by unauthorisedly using the Plaintiff's Mark and the Impugned Marks, across India, including New Delhi. With a view to amicably resolve the matter, the Plaintiff addressed a legal notice dated 04.06.2025 ("Legal Notice") to Defendant No. 1. The Defendants did not respond to the Legal Notice and continued to manufacture and sell the Infringing Products bearing the Plaintiff's Mark and the Impugned Marks. Therefore, the Plaintiff, sent a reminder on 09.07- 82025 and till date the same has not been acknowledged or responded to by the Defendants.
21.7. The Defendants are selling the Infringing Products through their interactive website, www.ravimagic.com, ("Defendants' Website"). On 25.06.2025, the Plaintiff placed an order for the Infringing Products from the Defendants' Website and the same was subsequently delivered in New Delhi on 28.06.2025.
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 Mark 'SCHEZWAN CHUTNEY'. The Plaintiff has been able to establish long and continuous use of the Plaintiff's Mark with respect to hot, spicy and peppery sauce / dip. The Plaintiff has demonstrated the goodwill and reputation acquired by the Plaintiff's Mark. The Plaintiff's turnover for the FY 2024-25 was CS(COMM) 1173/2025 Page 7 of 9 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 07/11/2025 at 22:42:00 ₹1,86,77,00,000/-. The Defendants' use of 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 Defendants. Irreparable injury would be caused to the Plaintiff if an ex-parte ad-interim injunction is not granted.
25. The Defendants are 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 Defendants.
26. Accordingly, till the next date of hearing, the Defendants, their directors, proprietors, partners, associates, assigns or assignees in interest, heirs, successors or successors in interest, permitted assigns, sister concerns or group companies, 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 CS(COMM) 1173/2025 Page 8 of 9 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 07/11/2025 at 22:42:00 Products, ' ' and ' ', 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', Impugned Marks, 'SZECHWAN CHUTNEY', ' ', and ' ' and / or any other Mark which is identical or deceptively similar to the Plaintiff's Mark, so as to cause infringement or passing off the Defendants' 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 this Court on 26.02.2026.
TEJAS KARIA, J NOVEMBER 4, 2025/ 'A' CS(COMM) 1173/2025 Page 9 of 9 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 07/11/2025 at 22:42:00