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Delhi High Court - Orders

Pepsico Inc. & Anr vs Parle Agro Private Limited on 9 January, 2026

Author: Tushar Rao Gedela

Bench: Tushar Rao Gedela

              $~7
              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
              +         CS(COMM) 268/2021
                        PEPSICO INC. & ANR.                                                .....Plaintiffs
                                      Through:                            Ms. Avni Sharma, Ms. Shivangi Kohli
                                                                          and Mr. Deepak Gogna, Advocates.
                                                      versus

                        PARLE AGRO PRIVATE LIMITED              .....Defendant
                                     Through: Mr. C.M. Lall, Mr. Ankur Sangal, Mr.
                                              Ankit Arvind, Mr. Shashwat Rakshit
                                              and Ms. Nidhi Pathak, Advocates.

                        CORAM:
                        HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                      ORDER

% 09.01.2026 I.A. 524/2026 (U/o XXXIX Rule 2A of CPC)

1. This is an application filed on behalf of applicant-plaintiffs under Order XXXIX Rule 2A read with Section 151 of the Code of Civil Procedure, 1908, on the allegation that though vide order dated 18.09.2023 the defendant was refrained from using the expression/tagline "For the Bold" and /or any other expression identical to and/or deceptively similar to the plaintiffs' registered mark/tagline "For the Bold", upon and /or in relation to its products or otherwise in connection with its business, the non-applicant/defendant has been violating the same with impunity.

2. Ms. Avni Sharma, learned counsel appearing for the plaintiffs alleges that the non-applicant/defendant has been violating the order dated 18.09.2023 in the context of directions contained in para (c) of sub-para (vii) and sub-para

(viii) of para no.139 of the said order.

3. Mr. C.M. Lall, learned senior counsel for the non-applicant/defendant, submits that since the year 2022, the offending advertisements were available 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 12/01/2026 at 20:37:00 on Instagram and Twitter handles of the defendant due to oversight and have been removed as soon as the present application was served upon the defendant. He submits that the defendant is ready to purge the error and the Court may consider the same. He also submits that the sales figures which were directed under sub-para (viii) of para 139 of the order dated 18.07.2023 to be filed before this Court, every two months, shall be complied with today. Copy whereof has been handed over to the learned counsel for the applicant-plaintiffs.

4. The non-applicant-defendant shall place all the aforesaid facts on record by way of an affidavit within two weeks.

5. List on 06.02.2026.

TUSHAR RAO GEDELA, J JANUARY 9, 2026 Sumit 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 12/01/2026 at 20:37:00