Vijay Gupta Vs Pawan Kumar Mittal & Ors. — Delhi HC (2025) — LawSathi Research

Vijay Gupta Vs Pawan Kumar Mittal & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; impugned order quashed and set aside with consent; the respondent/plaintiff's interlocutory application under Order XXXIX Rules 1 and 2 CPC remanded to the learned Commercial Court for de novo consideration, with both parties to appear on 16 July 2025, no adjournments to be sought, short written submissions (not exceeding four pages each) to be exchanged at least a week in advance, and the application to be decided afresh uninfluenced by any observation in the impugned order; no order as to costs.

Issue for consideration

Whether the impugned interim injunction order passed in CS(Comm) 337/2025 on the ground of passing off should be set aside for failure of the learned Commercial Court to consider the goodwill of the respondent's mark.

Ratio / Principle

The learned Commercial Court did not discuss, or return any finding on, the goodwill of the respondent's mark before granting the injunction on the ground of passing off, and on this basis, with consent, the impugned order was quashed and set aside.

Key takeaways

The existence of goodwill is the first and most fundamental element for a passing off action to succeed.ratio¶12

Detailed headnote1 paragraphs

Passing off — Interim injunction — Appeal against order of learned District Judge (Commercial Court)-02, Patiala House Courts in CS(Comm) 337/2025 — Division Bench found that the Commercial Court had not discussed or returned any finding on the goodwill of the respondent's mark before granting an injunction on the ground of passing off, though existence of goodwill is the first and most fundamental element for a passing off action — On counsel for respondents submitting, without prejudice and without concession, that the order be set aside and remanded, the Division Bench, with consent, quashed and set aside the impugned order without examining any other aspect — Interlocutory application under Order XXXIX Rules 1 and 2 CPC remanded for de novo consideration; parties directed to appear on 16 July 2025, not to seek adjournment, and to exchange short written submissions (max four pages each) a week in advance; Commercial Court requested to decide expeditiously and afresh, uninfluenced by observations in the impugned order — Appeal allowed with no order as to costs.

$~29

IN THE HIGH COURT OF DELHI AT NEW DELHI

- FAO (COMM) 167/2025 & CM APPL. 38208/2025, CM APPL. 38209/2025, CM APPL. 38210/2025

VIJAY GUPTA .....Appellant Through: Mr. Sandeep Bisht and Mr. Aakash Singh, Advs.

versus

PAWAN KUMAR MITTAL & ORS. .....Respondents Through: Mr. S.K. Bansal, Adv.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL

JUDGMENT (ORAL) % 03.07.2025

C. HARI SHANKAR, J.

1. We find, from the order passed by the learned District Judge (Commercial Court)-02 Patiala House Courts, New Delhi in CS(Comm) 337/2025, that, perhaps inadvertently, the learned Commercial Court has not discussed, or returned any finding on the aspect of goodwill of the respondent’s mark, before granting an injunction on the ground of passing off.

2. The existence of goodwill is the first and most fundamental element for a passing off action to succeed.

Signature Not Verified

Digitally Signed By: AJIT KUMAR FAO (COMM) 167/2025 Signing Da te:0 7.07.2025 19:25:48

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3. On this being pointed out, Mr. Bansal, learned Counsel for the respondents, submits that, without prejudice to his rights and contentions and without treating it as any kind of concession on his part, the impugned order may be set aside and the matter may be remanded to the learned Commercial Court for consideration afresh.

4. Accordingly, with consent, the impugned order is quashed and set aside. We have not examined any other aspect of the matter.

5. The interlocutory application filed by the respondent/plaintiff before the learned Commercial Court under Order XXXIX Rules 1 and 2 of the CPC shall stand remanded for de novo consideration to the learned Commercial Court before whom both parties shall appear on 16 July 2025.

6. Neither party shall seek an adjournment. In order to facilitate hearing, both sides are directed to place on record short note of their respective submissions not exceeding four pages each after exchanging copies with each other at least a week in advance of hearing before the learned Commercial Court.

7. We request the learned Commercial Court to take up the matter on the date fixed and not grant any adjournment and to decide the application thereafter as expeditiously as possible.

8. The learned Commercial Court would decide the application afresh without being influenced by any observation contained in the impugned order.

Signature Not Verified Digitally Signed By: AJIT KUMAR FAO (COMM) 167/2025 Signing Da te:0 7.07.2025 19:25:48

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9. The appeal stands allowed to the aforesaid extent with no order as to costs.

C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

JULY 3, 2025 dsn

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Signature Not Verified

Digitally Signed By: AJIT KUMAR FAO (COMM) 167/2025 Signing Da te:0 7.07.2025 19:25:48

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