Moti Mahal Delux Management Services ... vs M/S Jai Maa Vaishnao Brick Field & Anr on 28 May, 2025

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Delhi High Court - Orders

Moti Mahal Delux Management Services ... vs M/S Jai Maa Vaishnao Brick Field & Anr on 28 May, 2025

Bench: Amit Bansal

                          $~29
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 544/2025
                                    MOTI MAHAL DELUX MANAGEMENT
                                    SERVICES PVT LTD & ORS.                                                         .....Plaintiffs
                                                                  Through:            Ms. Shreya Sethi, Advocate.

                                                                  versus

                                    M/S JAI MAA VAISHNAO BRICK FIELD & ANR......Defendants
                                                                  Through:

                                    CORAM:
                                    HON'BLE MR. JUSTICE AMIT BANSAL
                                                                  ORDER

% 28.05.2025 I.A. 13817/2025 (exemption from filing Legal Proceeding Certificates)

1. For the reasons stated in the application, the same is allowed.

2. Plaintiffs are exempted from filing the legal proceedings certificates of trademarks registered in favour of the plaintiffs at this stage.

3. The application stands disposed of.

I.A. 13818/2025 (u/s 12A of Commercial Courts Act)

4. As the present suit 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.

I.A. 13819/2025 (u/s 149 of the CPC)

6. Ms. Shreya Sethi, counsel appearing on behalf of the plaintiffs CS(COMM) 544/2025 Page 1 of 7 This is a digitally signed order.

7. The statement of counsel is taken on record.

8. The application is disposed of.

I.A. 13820/2025 (exemption from certified copies of dim annexures)

9. Allowed, subject to the plaintiffs filing legible/ translated copies of the annexures within four weeks from today.

10. The application stands disposed of.

CS(COMM) 544/2025

11. Let the plaint be registered as a suit.

12. None appears on behalf of the defendant no.1 despite advance service.

13. Issue fresh summons.

14. Summons be issued to the defendants through all modes. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

15. Liberty is given to the plaintiffs to file replication(s), if any, within thirty days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiffs, affidavit of admission/denial of the documents of the defendants be filed by the plaintiffs.

16. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

CS(COMM) 544/2025 Page 2 of 7

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 27/06/2025 at 22:05:32

17. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

18. List before the Joint Registrar on 5th August, 2025 for completion of service and pleadings.

19. List before the Court on 15th October, 2025.

I.A. 13816/2025 (O-XXXIX Rules 1 and 2 of CPC)

20. The present suit has been filed seeking relief of permanent injunction restraining the defendant no.1 from infringing the trademarks and copyrights of the plaintiff, passing off along with other ancillary reliefs.

21. Counsel appearing on behalf of the plaintiffs submits that the plaintiffs no.1 to 3 and the defendant no.2 are the rightful and exclusive owners and registered proprietors of the trademark 'MOTI MAHAL'. The plaintiff no.1 is the rightful and exclusive owner and registered proprietor of the trademarks 'MOTI MAHAL', 'MOTI MAHAL GROUP', 'MOTI MAHAL MANAGEMENT SERVICES', and the plaintiffs no. 1, 2 and 4 are the rightful and exclusive owners and registered proprietors of the trademark 'TANDOORI TRAIL' which are used in relation to high quality and famous restaurants operating throughout the country and around the globe.

22. Defendant no.1 approached the plaintiff no.1 for entering into a franchise agreement for the purpose of managing and running a restaurant under the mark/name 'MOTI MAHAL DELUX' at the premises mentioned in the cause title of the plaint. Pursuant to discussions between the parties, the plaintiff no.1, through the plaintiffs no.2 and 4, entered into a Franchise Agreement with the defendant no.1 dated 10th July 2023 (hereinafter referred to as the "Franchise Agreement") CS(COMM) 544/2025 Page 3 of 7 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 27/06/2025 at 22:05:32

23. It is the case of the plaintiffs that since the defendant no.1 failed to comply with the terms of the Franchise Agreement prior to opening the restaurant, the plaintiffs advised the defendant no.1 not to open the restaurant under the name of 'MOTI MAHAL DELUX'. However, despite the said requisition, the defendant no.1 went ahead and opened a restaurant on 15th December, 2023.

24. The franchise agreement was terminated by the plaintiffs vide notice dated 21st January, 2024, calling upon the defendant no.1 to cease the use of the marks 'MOTI MAHAL' and 'MOTI MAHAL DELUX'. In terms of the Franchise Agreement, defendant no.1 has no right to use the trademarks of the plaintiffs after the termination of the Franchise Agreement.

25. The said notice was followed up by other notices dated 21st February, 2024, 8th April, 2024 and 7th September, 2024.

26. However, none of the aforesaid notices were replied to by the defendant no.1.

27. Subsequently, the plaintiffs sent a cease and desist notice dated 17th March, 2025 calling upon the defendant no.1 to immediately cease and desist the use of the impugned marks 'MOTI MAHAL' and MOTI MAHAL DELUX'. However, there is no response to the said notice as well.

28. On 23rd May, 2025, the plaintiffs' representative visited the restaurant of the defendant no.1 and learnt that the defendant no.1 is continuing to use the impugned marks on the board/ hoarding outside the restaurant as well as on the menu and the invoices. The defendant no.1 is also using the impugned marks on various third-party websites, including social media websites and listing platforms such as Google, Justdial, Zomato, Swiggy and Facebook.

CS(COMM) 544/2025 Page 4 of 7

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 27/06/2025 at 22:05:32

29. In addition to the above, the defendant no.1 has also been using the oval device of the plaintiffs, which is stated to be an original artistic work of the plaintiffs and is liable to be protected under Section 2(c) of the Copyright Act, 1957.

30. Despite service, none appears on behalf of the defendant no.1

31. Issue Notice.

32. Notice be issued to the defendants via all permissible modes, including e-mail.

33. Reply(ies) be filed within four (4) weeks.

34. Rejoinder(s) thereto, if any, be filed within two (2) weeks thereafter.

35. Despite the termination of the Franchise Agreement, the defendant no.1 is still continuing to carry on its operations under the plaintiffs' trademarks. A prima facie case has been made out on behalf of the plaintiffs.

36. Balance of convenience is in favour of the plaintiffs and against the defendant no.1. Irreparable injury would be caused to the plaintiffs if defendant no.1 continues to use the impugned marks/labels. Prejudice would also be caused to the public as the public will wrongly associate the services offered by defendant no.1 with those of the plaintiffs.

37. Consequently, till the next date of hearing, defendant no.1, its principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc. are restrained from advertising, selling, offering for sale, marketing, promoting any restaurant and catering business or in any other manner whatsoever, using the impugned marks 'MOTI MAHAL', 'MOTI MAHAL DELUX' and 'MOTI MAHAL DELUX TANDOORI CS(COMM) 544/2025 Page 5 of 7 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 27/06/2025 at 22:05:32 TRAIL/ ', or any other mark which is deceptively and/or confusingly similar and/or identical/virtually identical to the plaintiffs' registered trademarks 'MOTI MAHAL', 'MOTI MAHAL GROUP', 'MOTI MAHAL MANAGEMENT SERVICES', 'TANDOORI TRAIL', 'MOTI MAHAL' formative marks or any of the trademarks as mentioned in paragraph no. 10-12 of the plaint, either as a trademark or part of a trademark, or in any other manner whatsoever.

38. Further, the defendant no.1, its principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc., are directed:

i. To remove all the references of the impugned marks 'MOTI MAHAL', 'MOTI MAHAL DELUX' and/or 'MOTI MAHAL DELUX TANDOORI TRAIL/ ' from the board/hoarding of the impugned restaurant outside the premises at the address mentioned in the cause title of the plaint, from the menus, invoices and from third-party and social media websites including but not limited to Google, Zomato, Swiggy, Justdial, Instagram and Facebook and/or make full and fair disclosures of other websites/third party websites/social media websites which contain reference of the Impugned Marks or any other mark which is deceptively and/or confusingly CS(COMM) 544/2025 Page 6 of 7 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 27/06/2025 at 22:05:32 similar and/or identical/virtually identical to the plaintiffs' trademarks 'MOTI MAHAL', 'MOTI MAHAL GROUP', 'MOTI MAHAL MANAGEMENT SERVICES', 'TANDOORI TRAIL', 'MOTI MAHAL' formative marks or any of the trademarks as mentioned in paragraph no. 10-12 of the present application and immediately take steps to remove the said references.

ii. To remove all photographs of the plaintiffs or the predecessors of the plaintiffs no. 2-3 and the defendant no. 1 being late Mr. Kundan Lal Gujral are removed from the premises at the address mentioned in the cause title of the plaint from the menus, invoices and from third-party and social media websites including but not limited to Google, Zomato, Swiggy, Justdial and Facebook and/or make full and fair disclosures of other websites/ third party websites/ social media websites which contain the said photographs and immediately take steps to remove the same

39. Compliance of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 (CPC) shall be filed within five days from today. The necessary affidavit shall be filed within one week thereafter.

40. List before the Joint Registrar on 5th August, 2025, for completion of service and pleadings.

41. List before the Court on 15th October, 2025.

AMIT BANSAL, J MAY 28, 2025 kd CS(COMM) 544/2025 Page 7 of 7 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 27/06/2025 at 22:05:32

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Delhi High Court - Orders