Empire Spices And Foods Limited v. Prk Commodities Private Limited & ANR.

$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 226/2026 & I.As. 6173-78/2026 EMPIRE SPICES AND FOODS LIMITED .....Plaintiff Through:

Ms. Anumita Verma, Mr. Mayank Kshirsagar, Ms. Megha Bhati and Ms. Aarushi Relan, Advocates.

versus PRK COMMODITIES PRIVATE LIMITED & ANR. .....Defendants Through:

Mr. Sudarshan Kumar Bansal, Mr.

Arpit Dudeja, Mr. Amit Chanchal Jha and Ms.

Nishtha Kapoor, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 19.03.2026 1.

This suit is instituted by the Plaintiff seeking a decree of permanent injunction restraining the Defendants and all others acting on their behalf from using selling, manufacturing, soliciting, advertising, offering for sale online and or offline, importing or exporting in any manner including on internet, e-commerce platforms, quick commerce, WhatsApp etc., the impugned goods or any other services including but not limited to delivery, wholesale, retail of 24 CARAT MOONG SPECIAL MASALA YUKTA TAIYAR PAPAD ATTA/ / and 24 CARAT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

UDAD SPECIAL MASALA YUKTA TAIYAR PAPAD ATTA/ / and/or any other cognate/related and allied goods under the impugned 'PAPAD ATTA' marks/logos or any other marks/logos/trade dress/packaging, which is deceptively similar or identical to Plaintiff's PAPAD ATTA mark/trade dress/packaging style etc., in any manner whatsoever, inclusive of its formative marks/device/logo marks amounting to infringement of Plaintiff's registered trademarks, amongst other reliefs. 2.

During the course of hearing, with the efforts of the parties as well as learned counsels appearing for them, parties have amicably resolved and settled their inter se disputes.

3.

Mr. Sudarshan Kumar Bansal, learned counsel for the Defendants hands over the proposed revised packagings, which are taken on record and exhibited as Ex.1 and Ex.2. It is submitted on instructions that henceforth the Defendants will not use the word mark 'PAPAD ATTA' and will sell their product in proposed revised packaging. It is also submitted that Defendants be permitted to sell the existing stock in the impugned packaging within a period of three months from today. 4.

Learned counsel for the Plaintiff, on instructions, submits that Plaintiff has no objection to the use of proposed revised packaging by the Defendants and exhaustion of the existing stock within three months from today with an undertaking by the Defendants that they will discontinue the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

use of word mark 'PAPAD ATTA' forthwith and will not use the impugned packaging on expiry of three months from today and that the suit be decreed in terms of prayer clauses (a), (b), (c) and (d) of the plaint. 5.

Accordingly, the suit is decreed in terms of prayer clauses (a), (b), (c) and (d) of the plaint read with the settlement between the parties. Defendants are permitted to sell the existing stock in the impugned packaging on or before 20.06.2026. The balance existing stock of the packaging material, if any, after 20.06.2026 will be destroyed by the Defendants in presence of counsel/representative of the Plaintiff. However, if the packaging material contains the product, the stock shall be donated to a charity jointly by the parties. Mr. Bansal, on instructions, has also graciously offered to donate 1/3rd of the existing stock to a charity suggested by the counsels for the Plaintiff 'Gharkul Parivar Sanstha, Nashik'. Let the needful be done within three weeks from today.

6.

The affidavit indicating the existing stock with the impugned packaging as also undertaking that Defendants shall discontinue the use of word mark 'PAPAD ATTA' forthwith and will sell their products in the proposed revised packaging only and that the existing stock with impugned packaging will not be sold after 20.06.2026, will be filed within three weeks from today with advance copy to counsel for the Plaintiff. 7.

Registry is directed to draw up the decree sheet. 8.

Suit is disposed of along with pending applications. JYOTI SINGH, J MARCH 19, 2026 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.