CHOTIWALA FOOD AND HOTELS PRIVATE LIMITED AND ANR. vs CHOTIWALA & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th February, 2025 CS(COMM) 33/2023 and I.A. 49906/2024 CHOTIWALA FOOD AND HOTELS PRIVATE LIMITED AND ANR. .....Plaintiffs Through: Mr. Rahul Ajatshatru, Mr. Piyush Singhal, Ms. Ishpreet Singh, Mr. Himanshu Nehra & Mr. Chandrakant Dahiya, Advocates. versus CHOTIWALA & ORS. .....Defendants Through: None. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademark and copyright of the plaintiffs, passing off, along with other ancillary reliefs. CASE SETUP IN THE PLAINT 2. Plaintiff No.1 is an Indian company having its registered office in Rishikesh, Uttarakhand and is the founder of the restaurant ‘CHOTIWALA’ at Rishikesh, Uttarakhand. 3. Plaintiff no.2 is the director of the plaintiff no.1 company. However, during the pendency of the suit, the erstwhile plaintiff no.2 passed away and 2. 4. In 1958, the predecessor of the plaintiffs established “CHOTIWALA SHUDH GHEE BHOJANALAY” a pure vegetarian restaurant located at Rishikesh, Uttarakhand and in 1961 an original artwork was created by the plain