Delhi High Court - Orders
Nehm Of India vs Nehm India on 27 August, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 898/2025
NEHM OF INDIA .....Plaintiff
Through: Mr. Gopal Jain, Senior Advocate with
Mr. Somesh Tiwari, Mr. Kaveesh
Nair, Ms. Stuti Karwal and Mr.
Suvarna Kashyap, Advocates.
versus
NEHM INDIA .....Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 27.08.2025 I.A. 20997/2025 (Exemption from filing original and / or certified copies and typed / clear copies of the documents)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 20999/2025 (Exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiff seeking exemption from institution of 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.
This is a digitally signed order.
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5. The Application stands disposed of.
I.A. 21000/2025 (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 leave to file the deficient Court Fees.
7. Considering the submissions made in the present Application, time of two weeks is granted to file the deficit Court Fees amounting to ₹2,07,000/-.
8. The Application stands disposed of.
I.A. 20998/2025 (O-XI R-1(4) of the CPC)
9. 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.
10. 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.
11. Accordingly, the Application stands disposed of. CS(COMM) 898/2025
12. Let the Plaint be registered as a Suit.
13. Issue Summons. Let Summons be served to the Defendant through all permissible modes upon filing of the Process Fee.
14. 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.
15. Liberty is granted to the Plaintiff to file Replication, if any, within 30 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 03/09/2025 at 21:35:46 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.
16. 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.
17. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
18. List before the Joint Registrar on 15.10.2025 for completion of service and pleadings.
I.A. 20996/2025 (U/O XXXIX R-1 & 2 of the CPC)
19. Issue Notice. Let Notice be served through all permissible modes upon filing of the Process Fees.
20. The present Suit has been filed by the Plaintiff, inter alia, seeking permanent injunction against the Defendant for infringement of the registered Trade Mark and passing off.
21. Mr. Gopal Jain, the learned Senior Counsel for the Plaintiff made the following submissions:
21.1 The Plaintiff is the proprietor, prior user, and adopter of the Trade Mark 'NEHM OF INDIA', registered under Registration No. 719133 dated 18.06.1996 in Class 5 for medicinal preparations, with continuous use since the year 1983. The Plaintiff is a pioneer institute in the field of Electropathy in India, and is engaged since 1983 in conducting certificate courses and educational programs through its 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 03/09/2025 at 21:35:46 affiliated learning centres and medical institutes across India, under the Trade Mark 'NEHM OF INDIA'.
21.2 The Defendant has adopted an identical / deceptively similar Trade Mark being 'NEHM India' and is offering the same courses as the Plaintiff in Electropathy at its institute, thereby leading to direct and obvious confusion among consumers, students and practitioners. The Defendant adopted the said Trade Mark in May, 2025, and therefore, the mala fide intent of the Defendant is patently clear. 21.3 Plaintiff, being a premier and the oldest active institute which was offering courses on Electropathy in India, was granted the registration of the Trade Mark 'ELECTROPATHY' in Class 41 for educational services.
21.4 The Plaintiff's remarkable goodwill and popularity in the field of Electropathy can be seen from the fact that institutes all across the country were affiliated to the Plaintiff, and provided annual reports to the Plaintiff so that a proper standard of education to the students and treatment to the patients could be maintained.
21.5 The Plaintiff's registered Trade Mark 'NEHM OF INDIA' is a well-known Trade Mark in the practice of Electropathy and it has carved out its own niche through relentless efforts spanning across four decades. The relevant public within the field of alternative medicine, particularly in the domain of Electropathy, does not associate the Trade Mark 'NEHM OF INDIA' with any entity other than the Plaintiff, whether in relation to medicinal preparations or educational services.
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 03/09/2025 at 21:35:46 21.6 In the period between June, 2025 to August, 2025, the Plaintiff was approached by various affiliated practitioners, students and learning centres informing that the Defendant, operating from Rajasthan, was offering identical courses for Electropathy under an identical Trade Mark being 'NEHM India'.
21.7 Upon investigation, the Plaintiff discovered that the Defendant was established by one Dr. Manoj Kumar Sharma in May, 2025 in Alwar, Rajasthan, who was offering a "B.E.M.S course run by NEHM India" through public advertisements.
21.8 The Defendant had set up the website 'www.nehmindia.com', calling upon individuals to join its healthcare and medical programs in Electropathy, inviting enrolment for online and offline courses identical to those of the Plaintiff. Further, the Defendant created a WhatsApp business account under the name 'NEHM Electropathy Institute', and advertised the associated contact number on the aforementioned website.
21.9 The Defendant's adoption of the Mark 'NEHM India' is a deliberate and malicious attempt to profit from the reputation and goodwill enjoyed by the Plaintiff and built over the years. 21.10 Aggrieved by the Defendant's infringing actions, the Plaintiff issued a Cease and Desist Notice dated 30.07.2025 to the Defendant, calling upon the Defendant to, inter alia, cease and desist from all further use of the Mark 'NEHM India' or any other mark that is identical or deceptively similar to the Plaintiff's Mark, 'NEHM OF INDIA'.
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 03/09/2025 at 21:35:46 21.11 The Defendant issued a Reply dated 31.07.2025 via email, denying all the allegations, and claiming that the Plaintiff did not have a registration for the Mark 'NEHM OF INDIA' in Class 41, and that the application was still pending registration. 21.12 The Plaintiff promptly issued a Rejoinder Notice dated 02.08.2025, clarifying that the Plaintiff is the prior user of the Mark 'NEHM OF INDIA' since 1983, having established a broad network of Electropathy institutes under its affiliation, and that the Defendant was offering similar courses under an identical / deceptively similar Trade Mark. However, the Defendant has failed to respond to the said Rejoinder Notice or take down the infringing material, and is continuing to offer courses on its website.
21.13 Immediately after receiving the Cease and Desist Notice, the Defendant applied for the registration of the Mark 'NEHM India' bearing Application No. 7162360 in Class 41 on 06.08.2025, claiming use since 31.05.2025.
21.14 The Defendant's Mark 'NEHM India' is identical / deceptively similar to the Plaintiff's registered Trade Mark 'NEHM OF INDIA'. The use of such an identical / deceptively similar mark by the Defendant for similar educational services will cause confusion among students and the general public, and dilute the distinctive character of the Plaintiff's Trade Mark.
21.15 The Defendant's offering of identical Electropathy courses under the Mark 'NEHM India' constitutes an attempt to unfairly capitalize on the Plaintiff's goodwill and reputation, which the Plaintiff has built over decades of work in the field of Electropathy.
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 03/09/2025 at 21:35:46
22. Having considered the pleadings, documents and submissions prima facie, the Impugned Mark, 'NEHM India' adopted and used by the Defendant is deceptively similar to the Plaintiff's well-known and registered Trade Mark, 'NEHM OF INDIA'. To an unwary consumer of average intelligence and imperfect recollection, both the Marks are likely to appear identical, thereby leading to confusion regarding the source or origin of the services.
23. Accordingly, till the next date of hearing, it is directed that:
i. The Defendant, its directors, partners, proprietors, officers, employees, servants, agents, representatives, and all others acting for and/or on its behalf are restrained from using the Mark 'NEHM India' or any other Mark that contains the word 'NEHM' or is identical / deceptively similar to the Plaintiff's registered Trade Mark 'NEHM OF INDIA' in relation to any goods or services, particularly educational services in the field of Electropathy, amounting to infringement of the Plaintiff's registered Trade Mark and/or passing off.
ii. The Defendant, its directors, partners, proprietors, officers, employees, servants, agents, representatives, and all others acting for and/or on its behalf are restrained from using the domain name 'www.nehmindia.com' or any other domain name that contains the word 'NEHM' or is identical / deceptively similar to the Plaintiff's Trade Mark 'NEHM OF INDIA'.
iii. The Defendant, its directors, partners, proprietors, officers, employees, servants, agents, representatives, and all others acting for and/or on its behalf are restrained from using the name 'NEHM 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 03/09/2025 at 21:35:46 Electropathy Institute' or any other name that contains the word 'NEHM' or is identical / deceptively similar to the Plaintiff's Trade Mark, 'NEHM OF INDIA'.
24. Let the Reply to the present Application be filed within four weeks after service of pleadings and documents. 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 17.12.2025.
TEJAS KARIA, J AUGUST 27, 2025 ap 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 03/09/2025 at 21:35:46