Delhi High Court - Orders
M/S Sri Lakshmi Srinivasa Agro Foods ... vs M/S New Sls Agro Foods Through Its ... on 7 May, 2026
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 487/2026
M/S SRI LAKSHMI SRINIVASA AGRO FOODS THROUGH ITS
AUTHORIZED PARTNER MR. SHIVAKUMAR MACHANOOR
KONDA & ANR. .....Plaintiffs
Through: Mr. Sandeep Sharma, Senior
Advocate along with Mr. Animesh
Rastogi, Ms. Neha Rastogi, Ms.
Sandhya Maniyar, Mr. Rajat Dubey,
Mr. Shashank Pandey & Ms. Kanchan
Semwal, Advocates.
versus
M/S NEW SLS AGRO FOODS THROUGH ITS PARTNERS H.
RACHANA AND B. RADHA .....Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 07.05.2026 I.A. 12823/2026 (Exemption from pre-institution Mediation)
1. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 ("CC Act").
2. 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.
3. The Application stands disposed of.
CS(COMM) 487/2026 Page 1 of 16This 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 22/05/2026 at 21:03:38 I.A. 12822/2026 (Exemption)
4. Exemption is allowed, subject to all just exceptions.
5. The Application stands disposed of.
I.A. 12824/2026 (Exemption from advance service to the Defendant)
6. This is an Application filed by the Plaintiffs under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking exemption from advance service to the Defendant.
7. Mr. Sandeep Sharma, learned Senior Counsel for the Plaintiffs 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.
8. In view of the fact that the Plaintiffs have sought an urgent ex-parte ad-interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendant is granted.
9. The Application stands disposed of.
I.A. 12821/2026 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
10. The present Application has been filed on behalf of the Plaintiffs 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 Plaintiffs are 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) 487/2026 Page 2 of 16This 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 22/05/2026 at 21:03:38 CS(COMM) 487/2026
13. Let the Plaint be registered as a Suit.
14. Issue Summons. Let the Summons be served to 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. Along with the Written Statement, the Defendant shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement shall not be taken on record.
16. Liberty is granted to the Plaintiffs to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendant be filed by the Plaintiffs, 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 learned Joint Registrar on 15.07.2026 for completion of service and pleadings.
I.A. 12819/2026 (U/O XXXIX Rules 1 & 2 of CPC)
20. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.
21. The learned Senior Counsel for the Plaintiffs advanced the following submissions:
CS(COMM) 487/2026 Page 3 of 16This 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 22/05/2026 at 21:03:38 21.1. The Plaintiffs are engaged in the business of processing, marketing, and selling of rice. The Plaintiffs are carrying on the said business under the name and style of Sri Lakshmi Srinivasa Agro Foods, i.e., Plaintiff No. 1 and SLS Agro Ventures, i.e., Plaintiff No. 2. 21.2. Plaintiff No. 1, in the year 2003, honestly and bonafidely conceived and adopted the Trade Marks SRI LAKSHMI SRINIVASA, LAKSHMI SRINIVASA, LAKSHMI SRINIVASA SLS and SLS LAKSHMI SRINIVASA ("Plaintiffs' Marks"), with the image of Lord Lakshmi Srinivasa, in relation to rice products. 21.3. The details of the registration of the Plaintiffs' Marks are as under:
Sr. Application Trade Mark Class Status Device / Word No. No. mark
1. 6598186 LAKSHMI 30 Registered SRINIVASA
2. 6598187 LAKSHMI 30 Registered Wordmark SRINIVASA
3. 6598188 LAKSHMI 30 Registered SRINIVASA (Rectification SLS Filed by Defendant)
4. 2599228 SLSLAKSHMI 30 Registered SRINIVASA (DEVICE) CS(COMM) 487/2026 Page 4 of 16 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 22/05/2026 at 21:03:38
5. 1683881 LAKSHMI 30 Opposed SRINIVASA
6. 2599230 SLS 30 Objected Wordmark LAKSHMI SRINIVASA
7. 2599229 SLS LAXMI 30 Objected Wordmark SRINIVASA
8. 2599231 SLS LUXMI 30 Objected Wordmark SRINIVASA
9. 2599234 SLS 30 Registered Wordmark LAKSHMI SRINIVASA
10. 2810475 SLS POWER 30 Registered Device
11. 6612001 SLSPOWERR 30 Objected Device
12. 6612002 SLSDORBAR 30 Objected Wordmark
13. 6612003 SLSDORBAR 30 Objected Device 21.4. The product of the Plaintiffs is well-known and the Plaintiffs have a well-established business of processing, marketing and selling of rice, and providing services of retail and wholesale marketing for the past several years, having its presence throughout the country. Further, the Trade Dress/Label adopted by the Plaintiffs ("Plaintiffs' Trade Dress") is well-known amongst the members of the trade and public, and the same is reproduced below:
CS(COMM) 487/2026 Page 5 of 16This 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 22/05/2026 at 21:03:38 21.5. The Plaintiffs' Trade Dress is registered under the Copyrights Act, 1957, bearing application no. AT29691/2025-CO. The artwork in the said Trade Dress is originally created at the instance of the Plaintiffs, who own the copyright in the said artwork.CS(COMM) 487/2026 Page 6 of 16
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 22/05/2026 at 21:03:38 21.6. The Plaintiffs' website 'www.slsrice.com', which is interactive in nature, prominently features the Plaintiffs' Marks/Trade Dress. Further, the Plaintiffs' website contains extensive information about the Plaintiffs' history, products, certifications, customer recipes etc., and is accessible to traders and consumers within the jurisdiction of this Court. The screenshots of the Plaintiff's aforesaid website featuring the Plaintiffs' Marks / Trade Dress are as under:
CS(COMM) 487/2026 Page 7 of 16This 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 22/05/2026 at 21:03:38 21.7. In addition to the Plaintiffs' aforementioned website, the Plaintiffs also maintain a formidable presence on social media portals such as Instagram, Facebook etc., and regularly indulge in advertisement and promotional activities through the said social media accounts of the Plaintiffs.
21.8. The Plaintiffs have made extensive sale of rice products under the Plaintiff's Marks and the Plaintiff's Trade Dress, the details of which are as under:PLAINTIFF NO. 1
YEAR TURNOVER IN RUPEES
2003-2004 15,41,53,852.00
2004-2005 31,69,36,720.00
2005-2006 36,64,13,411.00
2006-2007 44,55,10,746.00
2007-2008 49,32,81,865.00
2008-2009 68,47,02,375.00
2009-2010 92,25,96,451.00
CS(COMM) 487/2026 Page 8 of 16
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 22/05/2026 at 21:03:38 2010-2011 96,21,19,990.00 2011-2012 1,00,94,17,998.00 2012-2013 1,28,29,07,548.00 2013-2014 1,60,68,23,657.00 2014-2015 1,67,62,09,920.00 2015-2016 1,60,58,99,992.00 2016-2017 1,45,08,54,653.00 2017-2018 1,46,65,13,703.00 2018-2019 1,65,64,77,004.00 2019-2020 1,12,25,05,397.00 PLAINTIFF NO. 2 2019-2020 59,87,81,470.00 2020-2021 1,36,83,34,408.00 2021-2022 1,74,23,00,419.00 2022-2023 1,67,02,91,833.00 2023-2024 1,34,70,47,931.00 2024-2025 1,09,98,44,806.00 21.9. The Plaintiffs have been using the Plaintiffs' Marks with red packaging and the image of Lord Lakshmi Srinivasa since the year 2003 openly and commercially without any interruption and interference. The Plaintiffs' Marks with red packaging and the image of Lord Lakshmi Srinivasa is distinctive and is identified with the goods and business of the Plaintiffs.
21.10.On account of long, continuous and commercial use coupled with the efforts to popularize and by virtue of the superior quality of the goods provided by the Plaintiffs, the Plaintiffs' Marks with red packaging and the image of Lord Lakshmi Srinivasa has come to be exclusively identified and associated with the Plaintiffs among the members of the public and trade, and has acquired enviable goodwill and trade reputation.
CS(COMM) 487/2026 Page 9 of 16This 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 22/05/2026 at 21:03:38 21.11. The Defendant, M/s New SLS Agro Foods, is a partnership firm, engaged in the business of processing, trading, selling and offering for sale rice products. The Defendant is using the Trade Mark 'NEW SLS AGRO FOODS' ('Impugned Mark') in relation to its goods and business.
21.12.The Defendant has further dishonestly and malafidely adopted the Trade Dress ("Impugned Trade Dress") for their goods and business, which is identical with/deceptively similar to the Plaintiff's Trade Dress. The Impugned Trade Dress is reproduced as under:
21.13. The Defendant has slavishly copied the Plaintiff's Marks/Trade Dress in its entirety, and has merely added the prefix "NEW" with Lord Lakshmi Srinivasa in its Impugned Mark/Trade Dress, with the sole intent of capitalizing on the reputation and goodwill associated with the Plaintiff's Marks/Trade Dress.
21.14.Further, the Defendant has also applied for the registration of the Impugned Mark, the details of which are reproduced as under:CS(COMM) 487/2026 Page 10 of 16
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 22/05/2026 at 21:03:38 Sr. Date of Application Trade Class Status Device / No. Application No. Mark Word mark
1. 03.12.2024 6737660 New 30 Opposed Device SLS by the Agro Plaintiff Foods
2. 03.12.2024 6737661 New 30 Formality Device SLS check Agro pass Foods
3. 24.01.2025 6822239 MY SLS 30 Objected Device 21.15.Due to the Defendant's infringing acts, the Plaintiff is suffering huge losses both in its business and in terms of its reputation. Unwary purchasers and members of the trade are being deceived as to the origin of goods and business being from the Plaintiffs, causing losses to the Plaintiff.
22. Having considered the pleadings, documents placed on record and the submissions advanced by the learned Senior Counsel for the Plaintiffs, it is prima facie clear that the Impugned Mark is deceptively similar to the Plaintiffs' Marks as it completely subsumes within itself the word 'SLS' which constitutes a prominent part of the Plaintiffs' Marks and acts as its identifier. Further, it is prima facie evident that the Impugned Trade Dress slavishly imitates the Plaintiff's Trade Dress used for marketing and selling rice, as the Impugned Trade Dress uses a similar colour scheme as that of the Plaintiffs' Trade Dress, along with the image of Lord Lakshmi Srinivasa used it the Plaintiffs' Trade Dress.
23. This is a case of triple identity where the competing Marks and Trade Dress are identical, the product category is identical and the trade channel as CS(COMM) 487/2026 Page 11 of 16 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 22/05/2026 at 21:03:38 also the consumer base is identical. The similarity of the Impugned Mark / Trade Dress is so close to the Plaintiffs' Marks / Trade Dress that the two are almost indistinguishable. Prima facie, it is evident that the infringing activities of the Defendant is likely to cause confusion in the course of trade of the Plaintiff leading to erosion of consumers' trust.
24. Therefore, the Plaintiffs have made out a prima facie case for the grant of an ex-parte ad-interim injunction. Balance of convenience is in favour of the Plaintiffs and against the Defendant. Irreparable injury would be caused to the Plaintiffs if an ex-parte ad-interim injunction against the Defendant is not granted.
25. Accordingly, till the next date of hearing, the Defendant, its directors, assignees in business, its associates, affiliates, franchisees, licensees, distributors, dealers, stockists, retailers, agents, and all others acting for or on its behalf, are restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in rice using the Impugned Mark 'NEW SLS AGRO FOODS' and / or the Impugned Trade Dress ' , or any other Mark / Trade Dress that may be identical / deceptively to the Plaintiffs' Marks 'SRI LAKSHMI SRINIVASA, LAKSHMI SRINIVASA, LAKSHMI SRINIVASA SLS, SLS LAKSHMI SRINIVASA' and / or Plaintiffs' Trade Dress CS(COMM) 487/2026 Page 12 of 16 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 22/05/2026 at 21:03:38 ' ', amounting to infringement of the Plaintiffs' Marks and / or Plaintiffs' Trade Dress and / or passing off.
26. Let the Reply to the present Application be filed within four weeks after service of Notice. Rejoinder thereto, if any, be filed before the next date of hearing.
27. List before this Court on 20.08.2026.
I.A. 12820/2026 (for Appointment of Local Commissioners)
28. The present Application has been filed by the Plaintiffs under Order XXVI Rule 9 read with Section 151 of the CPC, seeking appointment of Local Commissioners. The Court has considered the merits of the Plaintiffs' case and has granted an ex-parte ad-interim injunction as recorded above in I.A. 12819/2026 under Order XXXIX Rules 1 and 2 of the CPC.
29. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint Local Commissioners to visit the Defendant's premises at the following address:
Sr. No. Particulars Name of the Local
Commissioner
1. M/s New SLS Agro Foods, Mr. Snehil Tiwari, Advocate Shop No. 1, Akshay [Contact No. - 8934045903] Building, 8th Cross, Ashok Nagar, Tumkur - 572102, Karnataka, India.
AND KIADB Antharasanahalli Industrial Area, 2nd Phase, Rangapura, Sira Road, Opp CS(COMM) 487/2026 Page 13 of 16 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 22/05/2026 at 21:03:38 Canara Bank, Tumkur, Karnataka - 572106
2. No. 76/77, Gandhi Market, Mr. Apekshit Kalra, Trichy - 620008 Advocate [Contact No. - 7838982055]
30. The mandate of the learned Local Commissioners is as under:
i) The learned Local Commissioners shall visit the premises of the Defendant as per the above table, to inspect and seize any infringing products or material of the Defendant, if found, bearing the Impugned Mark 'NEW SLS AGRO FOODS' and the Impugned Trade Dress ' , or any other Mark / Trade Dress, which is identical or deceptively similar to the Plaintiffs' Marks / Trade Dress.
ii) If knowledge is acquired of any other premises than the aforesaid premises, where the goods with the Impugned Mark / Trade Dress could be stored or services can be provided from, the learned Local Commissioners are free to record the same and then visit the other premises and conduct a seizure there as well;
iii) The learned Local Commissioners shall also obtain the details as to since when infringing goods or services are being dealt in by the Defendant under the Impugned Mark / Trade Dress and obtain copies of the accounts if the same is found to be sold in market;CS(COMM) 487/2026 Page 14 of 16
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 22/05/2026 at 21:03:38
iv) The learned Local Commissioners 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 premise of the Defendant, and take photocopy and / or record of all such transactions that pertain to infringing acts of the Defendant, 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;
v) The learned Local Commissioners are also permitted to break open the locks, with police help, if access to the premises where the infringing goods and products have been stocked / manufactured, is denied to the Commissioners;
vi) Upon being requested, the concerned Station House Officer (SHO) shall render necessary cooperation for execution of the Commissions, as per this order;
vii) The learned Local Commissioners are permitted to take photographs and record videos of the proceedings of the Commissions, if it is deemed appropriate. Two representatives of the Plaintiffs, which would include a lawyer, are permitted to accompany the learned Local Commissioners;
viii) The learned Local Commissioners, 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 Commissions. The Commissions shall be executed in a peaceful manner.
CS(COMM) 487/2026 Page 15 of 16This 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 22/05/2026 at 21:03:38
31. Either the learned Counsel for the Plaintiffs or the learned Local Commissioners are directed to collect the certified copy of this Order from the Registry (Dispatch Branch) before the execution of the Commissions.
32. The learned Local Commissioners shall carry the certified copy of this Order for execution of the Commissions and a copy of the same shall be served upon the Defendant by the learned Local Commissioners at the time of the execution of the Commissions.
33. The fees of the learned Local Commissioners is fixed at ₹2,00,000/- (Rupees Two Lakhs only) each, excluding out of pocket expenses, travel, lodging etc. All the aforesaid expenses shall be borne by the Plaintiffs and paid in advance to the learned Local Commissioners named hereinabove.
34. The Commissions shall be executed within a period of two weeks, and the report of the learned Local Commissioners shall be filed within a period of two weeks thereafter.
35. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commissions.
36. It is directed that this Order shall be uploaded on the Court's website after the execution of the Commissions is completed, to enable effective execution thereof.
37. The Application stands disposed of.
38. Order dasti under the signature of the Court Master.
TEJAS KARIA, J MAY 7, 2026 CS(COMM) 487/2026 Page 16 of 16 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 22/05/2026 at 21:03:38