FERRERO SPA & ORS. vs M. B. ENTERPRISES

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: July 18, 2025 % Pronounced on: July 28, 2025 CS(COMM) 593/2021 & I.A. 36529/2024 FERRERO SPA & ORS .....Plaintiffs Through: Mr. Pravin Anand, Ms. Vaishali R Mittal and Mr. Shivang Sharma, Advs. Versus M.B. ENTERPRISES …Defendant Through: None. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT Preface: 1. The plaintiffs, vide the present lis seek passing of a decree of permanent injunction for infringement of its trademark, passing off, delivery up and damages against the defendant in respect of its trademark ‘NUTELLA’ and . 2. On 24.11.2021, this Court, after issuing summons of the suit to the defendant, granted an ex parte ad interim injunction in I.A. 15235/2021, an application under Order XXXIX rules 1 & 2 of the Civil Procedure Code, 1908 (CPC), in favour of the plaintiffs and against the defendant. 3. Despite service, since the defendant neither entered appearance nor filed its written statement, the right of the defendant to file written CS(COMM) 593/2021 2023. Further vide the same order dated 20.11.2023, the interim order dated 24.11.2021 was also made absolute pending disposal of the present suit. 4. Under these cir