MS VEERJI RESTAURANT PRIVATE LIMITED vs YASH RAI & ORS.

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 8th July, 2025 + CS(COMM) 862/2023 with I.A. 24140/2023 and I.A. 11635/2025 MS VEERJI RESTAURANT PRIVATE LIMITED .....Plaintiff Through: Mr. S. Nithin, Advocate. versus YASH RAI & 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 infringement of trade mark and copyright and passing off of their services as those of the plaintiff along with other ancillary reliefs. CASE SET UP BY THE PLAINTIFF 2. The plaintiff, a company incorporated on 9th November 2020, is one of the leading service providers in the business of food and restaurant and runs a leading restaurant chain under the mark VEERJI MALAI CHAAP WALE (hereinafter ‘plaintiff’s mark’). Prior to the plaintiff’s incorporation, its business was carried out as a proprietorship concern in the name of M/s Veerji Malai Chaap Wale. 3. The plaintiff’s predecessor-in-title conceived the Punjabi word Signature Not Verified Digitally Signed CS(COMM) 862/2023 Page 1 of 10 By:VIVEK MISHRA Signing Date:21.07.2025 13:15:48 VEERJI, which is frequently used as a sign of respect for one’s brother, in relation to its business and adopted the inherently distinctive trade mark VEERJI MALAI CHAAP WALE in the year 2016 to distinguish its services from those of others. 4. The plaintiff has approximately 70 branches of its restaurant under the plaintiff’s mark across India and has achieved considerable sales in a very short span of time. The plaintiff’s net sales for the financial years 2018-19 to 2022-23 have been provided in paragraph no.12 of the plaint. Pertinently, the plaintiff recorded net sales of Rs. 3,61,39,658.69/-