DEEPAK KUMAR KHEMKA vs YOGESH KUMAR JAISWAL & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI RFA(COMM) 381/2025, CM APPL. 42135/2025 DEEPAK KUMAR KHEMKA .....APPELLANT Through: Mr. Rishi Bansal and Mr. Mankaran Singh, Advs. versus YOGESH KUMAR JAISWAL & ORS. .....RESPONDENTS Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 28.07.2025 C. HARI SHANKAR, J. 1. This appeal assails order dated 4/5 June 2025, passed by the learned District Judge (Commercial Court-02)1 in CS (Comm) 391/2024. 2. By the impugned order, the learned Commercial Court has dismissed CS (Comm) 391/2024, instituted by the appellant, under Order VII Rule 11 of the CPC2, on the ground that it did not disclose any sustainable cause of action, on the basis of which the suit could be maintained. 3. The facts are not in dispute. 1 “the learned Commercial Court” hereinafter 4. The appellant claimed to be manufacturing and selling articles of tobacco, matchboxes, supari, pan masala, mouth freshener, aerated water and non-alcoholic drinks, among other goods, under the trade marks “SHUDH, SHUDH PLUS and SHUDH PLUS ULTRA LABEL”. The plaint refers to these marks, collectively, as the “SHUDH formative trademarks/labels”.