Allowed

Vikram Tea Processor Private Limited v. Tata Sons Private Limited & Anr.

Delhi HC26 May 2026RFA(OS)(COMM)/11/2026

Case brief

AI extract

What is this about?

Appeal over trademark registrations settled between the parties. Court accepted joint application under Order XXIII Rule 3 read with Section 151 CPC, deleted agreed phrase from the impugned order, directed registry to frame a modified decree, and directed appellant to seek amendment of its trademark registrations before the Mumbai Trademarks Registry.

What did the court decide?

Appeal allowed in terms of settlement; words 'read with paragraph 75 (i)-(iv) of the plaint' deleted from decree; registry to frame modified decree; Registrar to decide trademark amendment application

Vikram Tea Processor Private Limited Vs Tata Sons… — Intellectual Property | Delhi HC (2026)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA(OS)(COMM) 11/2026 CM APPL. 23821/2026 CM APPL. 27517/2026 CM APPL. 36651/2026

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VIKRAM TEA PROCESSOR PRIVATE LIMITED .....Appellant Through: Mr. S.B. Deshpande, Sr. Advocate with Mr. Sachin Gupta, Mr. Shreyas Deshpande, Mr. Rajat Jain, Mr. Rohit Pradhan, Mr. Prashansa and Ms. Mahima, Advocates

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versus

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TATA SONS PRIVATE LIMITED & ANR. .....Respondents Through: Mr Pravin Anand, Mr Dhruv Anand, Mr Rohil Bansal and Mr Chirayu Prahlad, Advocates

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CORAM:

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HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R % 26.05.2026

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CM APPL. 27517/2026

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This application is filed with the following prayers: -

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“(a) List the instant appeal on any date convenient to this Hon’ble Court which may be on the next working day, i.e., 27^th April 2026 or any date thereafter as per the convenience of this Hon’ble Court; and

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(b) Pass any other order(s) that this Hon’ble Court may deem fit in favour of the Respondents and against the Appellant.”

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The application has become infructuous and dismissed as such.

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CM APPL. 36651/2026 (Under Order XXIII Rule 3 CPC)

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This is an application filed under Order XXIII Rule 3 read with

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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 01/06/2026 at 12:07:18

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Section 151 of the Code of Civil Procedure, 1908 (‘CPC’) by the parties and through their advocates with the following prayers:-

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“(I) Dispose of RFA (OS) (COMM) No. 11 of 2026 in terms of the present settlement agreement and modify the order dated 25^th February 2026 passed by the Ld. Single Judge in CS (COMM) No. 852 of 2024 to the effect that the phrase 'read with paragraph 75 (i) to 75 (iv)' is deleted so that paragraph 5 of the impugned order reads as 'In light of settlement between parties, suit is decreed in terms of settlement'.

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(II) Direct trademark registry to alter/amend TM No. 4639662 dated

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04.09.2020 for the device mark

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in class 30 to

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and TM No. 6192475 dated 21.11. 2023 for the device

mark

in class 30 to

as expeditiously

as possible as per law.

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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 01/06/2026 at 12:07:18

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(III) Pass any other order(s) that this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

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The application is accompanied by the affidavit on behalf of the appellant and respondent nos. 1 and 2.

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Learned counsel for the parties states that the phrase “read with paragraph 75 (i), (ii), (iii) and (iv) of the plaint” recorded at paragraph 5 of the impugned order dated 25.02.2026 has been agreed to be deleted. 6. In addition, it is stated that the appellant has agreed to file an appropriate application before the Trademarks Registry, Mumbai for seeking alteration/amendment of its trademark registrations nos. 4639662 and 6192475 in the manner set out at paragraph 6(iii) of this application.

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Learned counsel for the parties states that the parties shall be bound by the settlement entered by them in terms of this application filed under Order XXIII Rule 3 CPC.

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If that be so, the stand of the parties as reflected in the application including the prayer clause is taken on record. The words “read with paragraph 75 (i), (ii), (iii) and (iv) of the plaint” recorded at paragraph 5 of the impugned order dated 25.02.2026 are directed to be deleted. The parties are bound down to the terms of the settlement as set out in paragraph 6 of this application.

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The registry shall frame a modified decree in terms of this order, which is being passed in view of the application filed under Order XXIII Rule 3 read with Section 151 CPC pursuant to the settlement entered into the parties.

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In view of the paragraph 6(iii), the counsel for the appellant submits that the appellant shall apply to the Trademark Registry, Mumbai for altering/amending the TM No. 4639662, TM No. 6192475 as depticted in 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 01/06/2026 at 12:07:18

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prayer clause (ii) of the application. The Registrar is directed to decide the said applications expeditiously, albeit in accordance with law.

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The application is disposed of.

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RFA(OS)(COMM) 11/2026

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The appeal is allowed in terms of the aforesaid order. Pending applications are disposed of.

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Future dates, if any, stands cancelled.

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V. KAMESWAR RAO, J

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MANMEET PRITAM SINGH ARORA, J

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MAY 26, 2026/ rhc

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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 01/06/2026 at 12:07:18

Vikram Tea Processor Private Limited v. Tata Sons Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

Vikram Tea Processor Private Limited v. Tata Sons Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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