Modern Snacks Pvt Ltd v. Modern Foods Enterprises Pvt Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 299/2020 and I.A. 17068/2022 MODERN SNACKS PVT LTD .....Plaintiff Through:

Mr. Ajay Amitabh Suman and Mr.

Deepak Shrivastava, Advocates.

versus BIMBO BAKERIES INDIA PVT. LTD.

.....Defendant Through:

Ms. Shikha Sachdeva, Ms. Radhika Arora, Mr. Annie Jacob and Ms. Kriti Rathi, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 02.05.2025 1.

The present suit has been filed seeking the following reliefs:- "(a) Pass a decree of permanent injunction in favour of the Plaintiff and against the Defendant, restraining the Defendant by them self as also through their agents, servants, assigns, successors, interests and titles, distributors, dealers and all other acting for and on its behalf from interfering with and issuing groundless and unjustifiable threats in any manner whatsoever with the Plaintiff's said lawful business, users and proprietary rights in Plaintiff's said lawful business, users and proprietary rights in Plaintiff's Trademark/Label MODERN in relation to Namkeens, Snacks, Confectionery, savouries and other allied and related goods. (b) to declare and adjudge the impugned legal notice dated 15.06.2020/circulars etc to be groundless and unjustifiable.

(c) Grant of damages of ₹2,00,00,500/- (Rupees Two Crores and Five Hundred) in favour of the plaintiff and against the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

defendants."

2.

To be noted, the defendant in the present suit has already instituted an independent suit being CS(COMM) 460/2020 against the plaintiff herein seeking substantial reliefs on the basis of trade mark infringement. 3.

In these circumstances, in light of Section 142 (2) of the Trade Marks Act, 1999, the present suit cannot proceed any further. 4.

In view of the above, the suit is disposed of. 5.

Needless to state, it will be open for the plaintiff to raise all contentions raised herein in CS (COMM) 460/2020. AMIT BANSAL, J MAY 02, 2025 Vivek/- 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 06/05/2025 at 14:31:05 CS(COMM) 299/2020