Allowed

Moti Mahal Delux Management Services Pvt. Ltd. & Ors. v. M/S. Srmj Business Promoters Pvt. Ltd. & Anr.

Delhi HC14 Jan 2025CS(COMM)/1115/2024

Case brief

AI extract

What is this about?

The Delhi High Court disposed of a suit for trademark infringement and unfair trade competition where the first defendant and plaintiffs reached a settlement. The Court held the parties bound by the settlement, decreed the suit in accordance with the agreement, and cancelled future dates.

What did the court decide?

Suit decreed in favour of plaintiffs against defendant no.1 in terms of the Settlement Agreement; matter disposed of.

Moti Mahal Delux Management Services Pvt. Ltd. & Ors. Vs… — Intellectual Property | Delhi HC (2025)

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 1115/2024 & I.A. 759/2025

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MOTI MAHAL DELUX MANAGEMENT SERVICES PVT. LTD. & ORS. .....Plaintiffs Through: Ms. Shreya Sethi and Mr. Anirudh Bhatia, Advs. M: 9818666566

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versus

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M/S. SRMJ BUSINESS PROMOTERS PVT. LTD. & ANR. .....Defendants Through: None

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R

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% 14.01.2025

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I.A. 759/2025 (Application under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 (“CPC”))

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The present application has been filed under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 (“CPC”), jointly by the plaintiffs and the defendant no.1.

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The plaintiffs have filed the present suit against the defendants for dishonest adoption and use of the plaintiffs’ earlier well-known registered trademark ‘MOTI MAHAL’, ‘MOTI MAHAL GROUP’, ‘MOTI MAHAL MANAGEMENT SERVICES’, ‘TANDOORI TRAIL’ and the various formative marks, amounting to inter alia infringement and passing off the plaintiff’s earlier registered trademarks and unfair trade competition.

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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 24/01/2025 at 14:38:53

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Vide order dated 12^th December, 2024, this Court granted an injunction in favour of the plaintiff and against the defendants.

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It is submitted that during the pendency of the present suit, the defendant no.1 and the plaintiffs have amicably resolved the present dispute and the parties have arrived at a settlement on the basis of terms and conditions, which have been set out in Document-A of the present applications.

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In terms of the settlement between the parties, the defendant no.1 has acknowledged that the plaintiff nos. 1, 2, 3 and defendant no. 2 are the registered proprietors of the trademark ‘MOTI MAHAL’, and plaintiff no.1 is the registered proprietor of the trademarks ‘MOTI MAHAL’, ‘MOTI MAHAL GROUP’ and ‘MOTI MAHAL MANAGEMENT SERVICES’, and plaintiff nos. 1-2 and 4 are the registered proprietor of the registered trademark ‘TANDOORI TRAIL’.

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This Court has perused the terms of the settlement and finds the same to be lawful.

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Accordingly, the parties are held bound by the terms of the settlement entered between the parties.

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This Court also notes the submission made by learned counsel appearing for the plaintiffs that defendant no. 2 is a Proforma party and that no relief is sought against defendant no. 2 and that the matter can be disposed of on the basis of settlement between the plaintiffs and defendant no.1.

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The submission made by learned counsel appearing for the plaintiff is recorded.

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Accordingly, considering the submissions made before this Court, the

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This is a digitally signed order.

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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 24/01/2025 at 14:38:53

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suit is decreed in favour of the plaintiffs and against defendant no.1 in terms of the Settlement Agreement between the parties as contained in DocumentA filed along with the present application, which shall form part of the decree.

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Decree sheet be drawn up.

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Accordingly, the present suit along with the pending application, stands disposed of.

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Next dates of hearing, i.e., 06^th February, 2025 before the Joint Registrar (Judicial) and 06^th May, 2025 before the Court, stand cancelled.

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MINI PUSHKARNA, J

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JANUARY 14, 2025/kr

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This is a digitally signed order.

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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 24/01/2025 at 14:38:53

Moti Mahal Delux Management Services Pvt. Ltd. & Ors. v. M/S. Srmj Business Promoters Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Moti Mahal Delux Management Services Pvt. Ltd. & Ors. v. M/S. Srmj Business Promoters Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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