Capital Foods Private Limited v. Moments Food Llp & ORS.
$~23 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 533/2025 with I.A. 13682/2025, I.A. 13683/2025, I.A. 13684/2025, I.A. 13685/2025 and I.A. 13686/2025 CAPITAL FOODS PRIVATE LIMITED .....Plaintiff Through:
Mr. Pravin Anand, Advocate.
versus MOMENTS FOOD LLP & ORS.
.....Defendants Through:
Mr. Hemal Shah, Advocate.
Mr. Rishit Ajay Shah, D-3 present through VC.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 28.05.2025 1.
The present suit has been filed seeking relief of permanent injunction, restraining the defendants from infringing the registered trademark of the plaintiff, passing off, along with other ancillary reliefs. 2.
Counsel appearing on behalf of the defendants, on instructions from defendant no.3, who is representing the other defendants and appearing through video conferencing, submits that the defendants are willing to give up the use of the mark 'SCHEZWAN CHUTNEY'.
3.
In view of the aforesaid statement, Mr. Pravin Anand, counsel appearing on behalf of the plaintiff, submits that the plaintiff shall give up the reliefs of damages and costs.
4.
In light of the aforesaid statement, a decree of permanent injunction is passed in favour of the plaintiff and against the defendants in terms of prayer CS(COMM) 533/2025 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 30/05/2025 at 13:16:31
clause 75 (a), 75 (b) and 75 (c) of the plaint. 5.
Counsel for the plaintiff does not press for the remaining reliefs. 6.
Let the decree sheet be drawn up accordingly. 7.
All the pending applications stand disposed of 8.
Since the matter has been settled on the first date itself, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the plaintiff, in terms of Section 16 of the Court Fees Act, 1870, AMIT BANSAL, J MAY 28, 2025 Vivek/- CS(COMM) 533/2025 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 30/05/2025 at 13:16:31