Veerji Restaurant Private Limited v. Ankit Kumar & ORS.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 717/2022, I.A. 16836/2022, I.A. 3793/2023 & I.A. 19803/2023.

VEERJI RESTAURANT PRIVATE LIMITED ..... Plaintiff Through:

Mr. Nishant, Adv.

versus ANKIT KUMAR & ORS.

..... Defendants Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 09.04.2024 1.

Court notice was issued on 11th January, 2024 by this Court to Mr. Shekhar Aggarwal, Advocate, who had earlier appeared for all the defendants.

2.

Mr. Aggarwal, Advocate, appears today and states that he wishes to be discharged from the matter as he has not received any instructions from the defendants.

3.

Accordingly, Mr. Shekhar Aggarwal, Advocate, stands discharged from the matter.

4.

No one has been appearing on behalf of the defendants for the past few dates. Accordingly, the defendants are proceeded ex parte. 5.

The ex parte ad interim injunction granted by this Court on 19th October, 2022, in para 21 thereof, is made absolute and is extracted below: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

The facts and circumstances in which the said suit was filed, and the applications moved, have been narrated by the Court in the order dated 19th October, 2022, in para 14-20, which the Court has perused and notes them as the plaintiff's position in the matter.

7.

Plaintiff uses the domain name www.veerjimalaichaapwale.com and has registered trademarks in different classes as tabulated below: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Defendant No.1 entered into a franchise agreement with the plaintiff on 18th October, 2021. However, the agreement has terminated on 13th August, 2022 and defendant No.1 filed a trademark application subsequently. The competing logos of the plaintiff and the defendants are as under:

9.

Accordingly, decree is passed in terms of para 36 (a) and (b). 10.

Decree sheet be drawn accordingly in terms of paras 36 (a) and (b) of the plaint and para 21(i), (ii) and (iii) of 19th October, 2022, as noted above. 11.

Paras 36(a) and (b) of the plaint are extracted below for reference: "a. A decree for permanent injunction restraining the Defendants, their proprietor or partners as the case may be, servants, agents, affiliates, associates, stockiest, distributors, etc from trading, wholesaling, supplying, marketing, selling in any manner including physical or online sale or through e commerce portals, any services under the impugned mark Veerji Malai Chaap Wale or any other mark which are identical or deceptively similar to the Plaintiffs trade mark Veerji Malai Chaap wale amounting to infringement of the plaintiffs registered trademarks as mentioned above in plaint.

b. A Decree for Permanent Injunction Restraining the defendants, their proprietor or partners as the case may The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

be, servants, agents, affiliates, associates, stockiest, distributors etc. from trading, supplying, marketing, selling in any manner including physical or online sale or through e commerce portals, any goods or services under the impugned mark Veerji Malai Chaap wale or any other mark which are identical or deceptively similar to the plaintiffs trade mark Veerji Malai Chaap wale amounting to passing off the defendants goods as the plaintiffs goods, unfair competition and dilution."

12.

In view of the fact that there has been non-compliance of the orders of this Court as alleged by the plaintiff; and despite noted by this Court on 01st November, 2023, that the directors of the defendants have not appeared despite being summoned; the plaintiff shall be entitled to costs in this regard, which are granted in favour of the plaintiff in the amount of Rs.5 Lacs. 13.

Accordingly, decree sheet be drawn up with the aforesaid directions. 14.

Suit is disposed of in these terms. Pending applications, if any, also stand disposed of as infructuous.

15.

Order be uploaded on the website of this Court. ANISH DAYAL, J APRIL 9, 2024/MK/rj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.