Delhi High Court - Orders
Archian Foods Private Limited vs Dhruvi Beverages Pvt Ltd on 29 August, 2025
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 912/2025
ARCHIAN FOODS PRIVATE LIMITED .....Plaintiff
Through: Mr. Sagar Chandra, Mr. Nikhil
Sonker and Mr. Lakshay Gunawat,
Advocates.
versus
DHRUVI BEVERAGES PVT LTD .....Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 29.08.2025
I.A. 21218/2025(Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 21220/2025(Exemption from advance service of the paper book to the Defendant)
3. This is an Application filed by the Plaintiff under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking exemption from advance service of the paper book to the Defendant.
4. Mr. Sagar Chandra, learned Counsel for the Plaintiff, submitted that there is a real and imminent likelihood that the Defendant may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.
5. 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, 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 12/09/2025 at 22:22:16 the exemption from advance service of the paper book to the Defendant is granted.
6. The Application is disposed of.
I.A. 21219/2025(Exemption from pre-institution Mediation)
7. 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").
8. 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.
9. The Application stands disposed of.
I.A. 21217/2025(Additional Documents)
10. 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.
11. 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.
12. Accordingly, the Application stands disposed of. CS(COMM) 912/2025
13. Let the Plaint be registered as a Suit.
14. Issue Summons. Summons to be served on the Defendant through all permissible modes upon filing of the Process Fee.
15. 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.
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 12/09/2025 at 22:22:16 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.
16. 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.
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 Joint Registrar on 27.10.2025 for completion of service and pleadings.
I.A. 21215/2025(U/O XXXIX Rule 1 and 2 of the CPC)
20. Issue Notice. Notice to be served through all permissible modes upon filing of the Process Fees.
21. The present Suit has been filed for restraining infringement of the registered Trade Marks of the Plaintiffs being 'LAHORI' 'LAHORI ZEERA', and other formative LAHORI Marks ("Plaintiff's Marks"), Trade Dress/ labels / packaging 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 12/09/2025 at 22:22:16 'LAHORI ZEERA' ("Plaintiff's Trade Dress") and ("Plaintiff's Bottle Design") passing off, dilution, declaration, delivery up, damages, unfair competition and rendition of accounts.
22. The learned Counsel for the Plaintiff submitted that the Plaintiff is a company incorporated in India under the Partnership Act, 1932 in the year 2012 and is one of the leading entity engaged in the business of manufacturing and marketing of multiple traditional Indian flavoured non- alcoholic beverages including soda, fruit juices etc., under the brand name 'LAHORI' and its variations thereof ("Plaintiff's Products"). The Plaintiff adopted the Mark 'LAHORI' in the year 2013. The Plaintiff has grown to become a market leader, and the Plaintiff's Marks are well-established and trusted by millions of customers across India. The Plaintiff's Products have garnered substantial goodwill and reputation due to their distinct product, and the said product has been in the market since 2015.
23. The learned Counsel for the Plaintiff submitted that the Plaintiff is the registered proprietor of the Plaintiff's Marks under Class 16, 30, 32 and 35.
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 12/09/2025 at 22:22:16 One of the most popular variants of the Plaintiff's 'LAHORI' brand is the 'LAHORI ZEERA' variant which was launched by the Plaintiff in the year 2015. The Plaintiff has made minor modifications to the Trade Dress over the years, however, the essential and prominent features of the Trade Dress i.e., the colour combination of Green, Yellow and White have been retained by the Plaintiff over the years. Thereafter, in the year 2022 the Plaintiff adopted and started using the logo , and the Plaintiff's Trade Dress. In 2024 the tagline in the Plaintiff's Trade Dress was changed from 'DESI HI CHANGA' to 'APNA DESI THANDA'.
24. Plaintiff has also obtained a Copyright registration bearing No. A- 146655/2023 for the 'LAHORI ZEERA' Label having the tagline 'DESI HI CHANGA' and a Copyright registration bearing No. A- 14992/2025 for the 'LAHORI ZEERA' Label having the tagline words 'APNA DESI THANDA' .
25. The learned Counsel for the Plaintiff submitted that the Plaintiff's Trade Dress is highly distinctive and capable of acting as Trade Marks to identify the source of the product exclusively with the Plaintiff. The Plaintiff has a valid Design Registration on the shape and configuration of the Plaintiff's Bottle Design for the Plaintiff's Products under being Design No. 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 12/09/2025 at 22:22:16 352339-001, which was applied for registration 29.10.2021. The various representations of the Lahori Zeera Bottle Design are reproduced hereunder:
VIEW REPRESENTATION
FRONT VIEW
TOP VIEW
BOTTOM VIEW
PERSPECTIVE VIEW
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 12/09/2025 at 22:22:16
26. The learned Counsel for the Plaintiff submitted that the revenue generated from the sale of "LAHORI ZEERA" products in 2023-24 amounts to ₹416.67 Crores. The Plaintiff has spent approximately ₹1,51,02,000/- in the financial year 2022-23 and ₹3,31,00,000/- in the financial year 2023-24 on promotions and advertisements of its 'LAHORI ZEERA' products. On account of long and continuous use, extensive promotional campaign and marketing network, enormous sales and quality control, the Plaintiff's Marks and the Plaintiff's Trade Dress have accrued substantial goodwill and reputation in the Plaintiff's favour.
27. The learned Counsel for the Plaintiff submitted that the Defendant is involved in use of the Marks 'LAHOR', 'LAHOR ZEERA', ("Impugned Marks") under the Trade Dress and ("Impugned Trade Dress") and 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 12/09/2025 at 22:22:16 the bottle design ("Impugned Bottle Design") for manufacturing and marketing of flavored / non-flavored non-alcoholic beverages and drinks/ beverages, soft drinks and beverages including soda and other carbonated drinks ("Impugned Products").
28. The learned Counsel for the Plaintiff submitted that the Plaintiff became aware of the Defendant and the Impugned Products in the second week of July 2025 when the Plaintiff's representative came across the Impugned Product being sold by some pull cart vendors located near Purana Quila Road, New Delhi. The Plaintiff accordingly bought one Impugned Product and from the details mentioned on the packaging of the Impugned Products learnt that the Impugned Products are manufactured by the Defendant. Thereafter, the Plaintiff learnt that the Impugned Products are being sold across various shops and vendors in Delhi.
29. The learned Counsel for the Plaintiff submitted that the Plaintiff has also conducted a search for the Impugned Mark 'LAHOR ZEERA' in the e- records of the Trade Marks Registry in relevant Class being Class 32 and 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 12/09/2025 at 22:22:16 has come across the Trade Mark Application for the Mark bearing application number 6861149 dated 17.02.2025 filed on 'proposed to be used' basis by the Defendant.
30. A comparative table of the Plaintiff's Products and the Impugned Products is reproduced hereunder:
PLAINTIFF'S TRADE MARK DEFENDANT'S IMPUGNED
MARK
'LAHORI ZEERA' 'LAHOR/LAHOR ZEERA'
PLAINTIFF'S LOGO DEFENDANT'S IMPUGNED
LOGO
/
PLAINTIFF'S TRADE DRESS IMPUGNED TRADE DRESS
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 12/09/2025 at 22:22:16 /
31. The learned Counsel for the Plaintiff submitted that this Court in Dominos IP Holder LLC v. Dominick Pizza 2023 SCC OnLine Del 6135, has held that in cases where the Marks pertain to food products or to establishments engaged in dispensing and serving food, a higher degree of care and circumspection is required. An attempt to exploit the goodwill and reputation of an established brand by adopting a deceptively similar mark may, in appropriate circumstances, justifiably raise concerns of a potential compromise in quality by the imitator. It is, therefore, incumbent upon Courts to remain vigilant in ensuring that, where the marks relate to consumable goods or to establishments such as hotels, restaurants and eating houses serving such goods to the public, such imitative endeavours are not permitted to proceed unchecked.
32. 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 Plaintiff being registered owner of the Mark 'LAHORI ZEERA' is entitled to protection. The identity in the Impugned Mark, Impugned Trade Dress and Impugned 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 12/09/2025 at 22:22:16 Bottle Design of Impugned Product are so close to the Plaintiff's Product that the two are indistinguishable.
33. Having considered the submissions advanced by the learned Counsel for the Plaintiff, the pleadings and the documents on record, 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.
34. Accordingly, till the next date of hearing, the Defendant, its 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, retailers, stockiest, agents and all others acting for and on their behalf are restrained from using, soliciting, manufacturing, selling, offering for sale, importing, exporting and advertising in any manner including on the internet and e-commerce platform, directly or indirectly dealing in Impugned Products being, flavoured / non-flavoured non-alcoholic beverages drinks / beverages, soft drinks and beverages including soda and other carbonated drinks, or any other cognate/related and allied goods under the Impugned Marks, 'LAHOR', 'LAHOR ZEERA', , Impugned Trade Dress 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 12/09/2025 at 22:22:16 and and the Impugned Bottle Design or any other Marks / Logos / Trade Dresses / Packaging/ Labels/ Getups that may be identical and/or deceptively similar to and / or imitation of and/or colourable imitation of and /or substantial reproduction of the Plaintiff's Marks, LAHORI' 'LAHORI ZEERA', and other formative LAHORI Marks and the Plaintiff's Trade Dress 'LAHORI ZEERA' 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 12/09/2025 at 22:22:16 and/or applying the Plaintiff's Bottle Design to article being bottle or any fraudulent and / or obvious imitation thereof.
35. 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.
36. List before this Court on 09.12.2025.
I.A. 21216/2025(Appointment of Local Commissioner)
37. The present Application has been filed by the Plaintiff 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 Plaintiff's case and has granted an ex-parte ad-interim injunction as recorded above in I.A. 21215/2025 under Order XXXIX Rule 1 & 2 of the CPC.
38. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint Local Commissioner to visit the 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 12/09/2025 at 22:22:16 Defendant's premises at the following address:
Sr. No. Particulars Name of Local
Commissioner
1. Dhruvi Beverages Pvt. Adv. Raji Gururaj
Ltd. F-192 Phase-1, +919704847263
UPSIDC Industrial
Area, MG Road, Hapur-
245101, UP
39. The mandate of the Local Commissioner is as under:
i) The Local Commissioner shall visit the premises of the Defendant as per the above table, to inspect and seize any Impugned Products, either in fully or semi-manufactured condition bearing the Impugned Marks, 'LAHOR', 'LAHOR ZEERA', , Impugned Trade Dress and and the Impugned Bottle 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 12/09/2025 at 22:22:16 Design or packaging which is identical or deceptively similar to the Plaintiff's Marks, LAHORI' 'LAHORI ZEERA', and other formative LAHORI Marks and the Plaintiff's Trade Dress 'LAHORI ZEERA' and/or the Plaintiff's Bottle Design .
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 12/09/2025 at 22:22:16
ii) The Local Commissioner is permitted to seize the Impugned Products at the above premises and if knowledge is acquired of any other premises where the products could be stores, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well;
iii) The 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 Local Commissioner shall also obtain the details as to since when Impugned Products are being used by the Defendant under the Impugned Marks, Impugned Trade Dress and the Impugned Bottle Design and obtain copies of the accounts if the same is found to be sold in market;
v) The 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 Defendant, and take photocopy and / or record of all such transactions that pertain to impugned goods, if any. The Defendant 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 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 12/09/2025 at 22:22:16 including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, banners, signage, cartons and other material bearing the Impugned Trade Marks, Impugned Trade Dress and the Impugned Bottle Design and packaging which are similar to the Plaintiff's Trade Mark shall be released to the Defendant on superdari. The monetary value of the stock shall also be ascertained;
vii) The 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 Local Commissioner is permitted to take photographs and videography 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 Local Commissioner;
x) The 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.
40. A copy of this Order shall be provided to the Local Commissioner and the same will be served upon the Defendant by the Local Commissioner at the time of execution of the Commission.
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 12/09/2025 at 22:22:16
41. The fees of the Local Commissioner is fixed at ₹1,50,000 (Rupees One Lakh Fifty Thousand Only) excluding out of pocket expenses, travel, lodging etc. All the aforesaid expenses shall be borne by the Plaintiff and paid in advance to the Local Commissioner named hereinabove.
42. The Commission shall be executed on 04.09.2025, and the report of the Local Commissioner shall be filed within a period of two weeks thereafter.
43. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commission.
44. 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.
45. List before this Court on 09.12.2025.
46. Order dasti under the signature of Court Master.
TEJAS KARIA, J AUGUST 29, 2025/sms 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 12/09/2025 at 22:22:16