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[Cites 6, Cited by 0]

Delhi High Court - Orders

M/S Kakas Hospitality vs Kake Daa Hotel Through Proprietor Ms ... on 15 April, 2026

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~37
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 392/2026
                                    M/S KAKAS HOSPITALITY                         .....Plaintiff
                                                 Through: Mr. Saikrishna Rajagopal, Mr. Nitin
                                                 Sharma, Ms. Subhoshree Sil and Ms. Harsshita
                                                 Pothiras, Advocates.

                                                                  versus

                                    KAKE DAA HOTEL THROUGH PROPRIETOR MS SEEMA
                                    BHATIA & ORS.                    .....Defendants
                                                  Through:

                                    CORAM:
                                    HON'BLE MS. JUSTICE JYOTI SINGH
                                                                  ORDER

% 15.04.2026 I.A. 10186/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

I.A. 10184/2026 (for pre-institution mediation)

3. This application is filed on behalf of the Plaintiff under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation.

4. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation.

CS(COMM) 392/2026 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 20/04/2026 at 20:45:50

5. Application is allowed and disposed of.

I.A. 10185/2026 (u/O XI Rule 1 (4) of Commercial Courts Act, 2015 r/w Section 151 CPC)

6. This application is filed on behalf of the Plaintiff seeking to place on record additional documents within 30 days.

7. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.

8. Application is allowed and disposed of.

CS(COMM) 392/2026

9. Let plaint be registered as a suit.

10. Issue summons to the Defendants through all permissible modes, returnable before the learned Joint Registrar on 12.05.2026.

11. Summons shall state that the written statements shall be filed by the Defendants within 30 days from the date of receipt of summons along with affidavits of admission/denial of the documents filed by the Plaintiff.

12. It will be open to the Plaintiff to file replications within 30 days from receipt of the written statements along with affidavits of admission/denial of documents filed by the Defendants.

13. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.

14. Learned Joint Registrar shall carry out admission/denial of documents and marking of exhibits.

I.A. 10183/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)

15. This application is filed on behalf of the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim CS(COMM) 392/2026 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 20/04/2026 at 20:45:50 injunction.

16. Issue notice to the Defendants through all permissible modes, returnable before Court on 21.07.2026.

17. Case of the Plaintiff as set out in the plaint is that Plaintiff is a partnership firm which operates a chain of restaurants and hotels under the brand name KAKE-DA-HOTEL and is providing food related services in several parts of India for the last several years. KAKE-DA-HOTEL began its journey in early 1930s when Mr. Ashok Kumar Chopra's father Sh. Amolak Ram Chopra started a small eatery on the streets of Lahore. He was a visionary entrepreneur who believed in providing delicious food to as many people as possible at affordable prices. Eventually, KAKE-DA- HOTEL became a legendary brand and a household name and over the years, Mr. Amolak came to be affectionately called KAKA/KAKE and the mark was associated with him.

18. It is stated that after partition in 1947, Mr. Amolak established his business in Delhi under the name and style KAKE-DA-HOTEL and the trademark was used openly, extensively and became one of the most prominent and distinct brands in food services in Connaught Circus area, New Delhi. From then to now, the business has expanded across several major cities and today the brand can boast of more than 50 outlets in India through franchise network. As part of its strategic growth initiative, Plaintiff pursued national expansion, utilizing various franchise models under the franchise-owned franchise-operated (FOFO) system.

19. It is stated that Sh. Amolak along with one Late Sh. Satyapal Chopra applied for registration of the trademark KAKE-DA-HOTEL in 1950 and was granted registration vide Registration No.146555 in Class 30 claiming use since 01.06.1931 and the registration has been renewed up to CS(COMM) 392/2026 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 20/04/2026 at 20:45:50 14.12.2027. After Sh. Amolak's death, partnership in M/s Kake Da Hotel was continued by his wife, namely, Late Smt. Sukhversha Chopra and other legal heirs which included the Plaintiff herein, vide Partnership Deed dated 02.12.1985. Thereafter, Form TM-24 was filed with the Registrar of Trade Marks, Mumbai for assignment and transfer of the trademark registration in favour of Late Smt. Sukhversha Chopra and her legal heirs. On 16.06.2000, another application was filed in respect of trademark KAKE-DA-HOTEL under No.932610 in Class 30 by Late Smt. Sukhversha Chopra claiming use since 01.01.1950 and the mark was registered as an associated trademark with the earlier registration. After the demise of Smt. Sukhversha Chopra, Form TM-24 was filed to bring on record her legal heirs including the Plaintiff and the registration has been renewed up to 16.06.2030.

20. It is stated that in 2010, some disputes arose between the partners of M/s Kake Da Hotel and partnership was mutually dissolved and culminated into a family settlement agreement dated 19.03.2011 under which, inter-alia, all legal heirs including the Plaintiff were given the right to use the word KAKE DA HOTEL as part of their respective businesses of restaurants anywhere inside or outside Delhi. Plaintiff agreed not to claim any rights or interest in the business activities of the partnership firm restricted to 74, Yusufzai Market, Connaught Circus. This settlement was formally decreed by this Court on 28.03.2011, as a result of which inter alia Plaintiff as also his one brother and legal heirs of other two brothers were authorized to continue use of the mark and name KAKE-DA-HOTEL. Plaintiff and Mr. Tushar Chopra as partners secured registrations in some trademarks while for some applications are pending as follows:-

CS(COMM) 392/2026 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 20/04/2026 at 20:45:50

21. It is stated that Plaintiff has secured trademark registrations in foreign jurisdictions also for the mark such as in European Union bearing registration No.01794750; United Kingdom bearing registration No.UK00003334548; Canada bearing registration No.1,148,622; and United Arab Emirates bearing application No.296257.

22. It is stated that Plaintiff has been using the word mark KAKE-DA- HOTEL in connection with restaurants, hotels and food services through its predecessor firm from 1931 till the settlement in 2011, whereafter the mark is being used with his son and partner Tushar Chopra as part of M/s Kakas CS(COMM) 392/2026 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 20/04/2026 at 20:45:50 Hospitality. Plaintiff has also openly, extensively and continuously used the label marks , , in the markets at various locations in and around Delhi such as Noida, Gurugram, Ghaziabad, Punjab, Chhattisgarh, Bihar, Jammu and Mumbai and has acquired formidable and enviable goodwill and reputation in the marks. Details of some of the signature delicacies of the Plaintiff are mentioned in the plaint along with extensively popular vegetarian dishes. Plaintiff has served to persons in all sectors i.e. political, entertainment and corporate world in India and many personalities including Ex-Prime Ministers of India, Ex- Governors of the States as also Bollywood celebrities have enjoyed the delicacies served in Plaintiff's restaurants. In fact, the goodwill of the KAKE-DA-HOTEL brand has travelled globally and the Sultan of Johor Baru, the King of Malasia and many others have been admirers of the signature dishes of the Plaintiff.

23. It is stated that the brand KAKE-DA-HOTEL has featured in various newspapers, magazines and corresponding websites and has won several awards and accolades as detailed in the plaint. The media conglomerate HT Media Limited has conferred KAKE-DA-HOTEL with 'HTCITY Awards 2007, 50 Must Eats' and Plaintiff has also secured Best Franchisor of the Year award by Franchise India consecutively in 2017 and 2018. Plaintiff's chain of restaurants KAKE DA HOTEL are also listed on various popular food delivery websites and mobile applications such as Zomato, Swiggy, Food Panda and Uber Eats, covering more than 28 different locations spread across Delhi-NCR. Plaintiff has spent crores of rupees in marketing and advertising the brand KAKE-DA-HOTEL, both offline and online, and in CS(COMM) 392/2026 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 20/04/2026 at 20:45:50 December, 2025 alone, it has generated total sales of Rs.7 crores out of which Rs.4 crores have been earned through food delivery platforms, such as Zomato. Details of promotional expenditure are as follows:-

24. It is stated that the goodwill and reputation earned by the Plaintiff is evident from the gross annual turnover under partnership firm M/s Kake Da Hotel as also under partnership firm M/s Kakas Hospitality, respectively as follows:-

CS(COMM) 392/2026 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 20/04/2026 at 20:45:50

25. It is stated that in second week of January, 2026, Plaintiff learnt of the infringing activities of Defendants No.1 to 6 who are entities operating restaurants/take away units/delivery outlets using the marks KAKE DAA HOTEL/KAKA KA HOTEL/KAKE KA HOTEL/KAKE KA DHABA/KAKAS DA HOTEL/KAKA'S KABAB 'N' CHICKEN/KAKA DA DHABA/KAKE KA DHABA 1989/KAKU DA DHABA, which are deceptively similar to Plaintiff's mark KAKE-DA-HOTEL and have listed their businesses over various food delivery platforms and websites such as Zomato/Defendant No.7, where business of the Plaintiff is also listed. Field investigations revealed that Defendant No.1 is located at the given address in Uttam Nagar and operating through a proprietor. It is listing its food items on Defendant No.7 and making deliveries using the impugned mark and this is evident from the tax invoices placed on record. Defendant No.2 is also listing on Zomato using the marks KAKE KA HOTEL/KAKA KA HOTEL/KAKE KA DHABA. Similarly, Defendant No.3 has listings in the name of Kakas Da Hotel on Zomato and runs a restaurant under the name CS(COMM) 392/2026 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 20/04/2026 at 20:45:50 KAKA'S KABAB 'N' CHICKEN. Defendant No.4 has listings on Zomato in the name of KAKA KA DHABA and runs a restaurant under the same mark. Defendant No.5 is listing its food items in the name of 'KAKE DA DHABA 1989' and deliveries are through a restaurant named KAKE DA DHABA 1989. Defendant No.6 is listed on Zomato as KAKU DA DHABA and deliveries are made under the same name. The exact extent and nature of the businesses of the Defendants is unknown to the Plaintiff.

26. Learned counsel for the Plaintiff submits that Defendants No.1 to 6 are using the impugned trademarks which are identical/deceptively similar to Plaintiff's trademark KAKE-DA-HOTEL for identical services and trade channels and consumers being common, confusion amongst members of the public and potential customers is inevitable. There can be no doubt that Defendants No.1 to 6 are well aware of the prior adoption and usage of the legendary brand by the Plaintiff and the intent in adopting and using the impugned marks is only to encash on the immense reputation of the Plaintiff which it has garnered itself as also through its predecessors over several decades. By misrepresenting to the public that the restaurant services offered by them either emanate from the Plaintiff or have some association with it, Defendants No.1 to 6 are causing irreparable harm and injury to the goodwill and reputation of the Plaintiff amounting to passing off and violation of the common law rights of the Plaintiff, which it has acquired under Section 27 of the Trade Marks Act, 1999.

27. Having heard learned counsel for the Plaintiff and upon perusal of the documents, I am of the view that Plaintiff has made out a prima facie for grant of ex parte ad interim injunction against the Defendants. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case the interim injunction, as prayed for, is not granted.

CS(COMM) 392/2026 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 20/04/2026 at 20:45:50

28. Accordingly, till the next date of hearing, Defendants No.1 to 6 including John Doe, their owners, directors, partners, business associates, officers, servants, employees, dealers, retailers and anyone acting for and on their behalf are restrained from offering their services in any manner whatsoever, offline and online, under the impugned marks KAKE DAA HOTEL/KAKA KA HOTEL/KAKE KA HOTEL/KAKE KA DHABA/KAKAS DA HOTEL/KAKA'S KABAB 'N' CHICKEN/KAKA DA DHABA/KAKE KA DHABA 1989/KAKU DA DHABA and/or any other mark identical/deceptively similar to Plaintiff's marks KAKE-DA- HOTEL/KAKE-DA including its variants such as KAKE-DA-EXPRESS , , and/or using the impugned marks in relation to allied or cognate goods or services as also from promoting and advertising their identical services using the impugned marks, amounting to passing off and unfair competition.

29. Defendant No. 7 is directed to take down/block/deactivate the infringing URLs referred to in Annexure-A of this order, within a period of 36 hours from the date of receipt of the order.

30. Plaintiff shall comply with the provisions of Order XXXIX Rule 3 CPC within a period of two weeks from today.

JYOTI SINGH, J APRIL 15, 2026 S.Sharma CS(COMM) 392/2026 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 20/04/2026 at 20:45:50 Annexure-A Plaintiff's Defendants' Defendant Zomato/Defendant No.7 Listing Trade Infringing No. Mark Marks [hereinafter "Impugned Trademarks"] 'KAKE- 'KAKE DAA Defendant https://zomato.onelink.me/xqzv/hvnsscry DA- HOTEL' No.1 HOTEL' 'KAKE- 'KAKA KA Defendant https://zomato.onelink.me/xqzv/g1busu5b DA- HOTEL'/ No.2 HOTEL' 'KAKE KA HOTEL'/ 'KAKE KA DHABA' 'KAKE- 'KAKAS DA Defendant https://zomato.onelink.me/xqzv/xft14ozr DA- HOTEL' and No.3 HOTEL' 'KAKAS KABAB 'N' CHICKEN' 'KAKE- 'KAKA DA Defendant https://zomato.onelink.me/xgzv/36fjwrlv DA- DHABA' No.4 HOTEL' 'KAKE- 'KAKE KA Defendant https://zomato.onelink.me/xqzv/h4wtvbj7 DA- DHABA 1989' No.5 HOTEL' 'KAKE- 'KAKU DA Defendant https://zomato.onelink.me/xgzv/3x3rpjo3 DA- DHABA' No.6 HOTEL' CS(COMM) 392/2026 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 20/04/2026 at 20:45:50