RITA RIKH vs ARVIND GAUTAM

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 141/2024 RITA RIKH .....Appellant Through: Mr. Rohit Bansal, Adv. versus ARVIND GAUTAM .....Respondent Through: Mr. Vishal Tewari, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 31.07.2025 C. HARI SHANKAR, J. 1. This appeal, we are constrained to say, is totally unnecessary and has taken up unnecessary judicial time. 2. Having been granted, by the learned District Judge (Commercial Court), Dwarka1, the exact relief sought by her, the appellant has approached this Court, like Oliver Twist, wanting more. 3. The appellant instituted CS (COMM) 472/2023 before the District Judge (Commercial Court), Dwarka alleging infringement, by the respondents, of the appellant’s registered trademark “Dr. Rikh’s Clinic”. The trademark was not registered and the case set up by the 1 “the learned Commercial Court” hereinafter FAO (COMM) 141/2024 Signature Not Verified Page 1 of 3 Digitally Signed By:AJIT KUMAR Signing Date:02.08.2025 17:35:47 appellant is of passing off. 4. The appeal was accompanied by an application under Order XXXIX Rules 1 and 2 of the CPC, seeking interim injunction against the respondent. The prayer clause in the application reads thus: “It is, therefore, most respectfully and humbly prayed that this Hon’ble Court may kindly be pleased to a) Pass an ad-interim ex-parte order restraining the Defendant its partners or proprietors, principal officers, servants, agents and distributors and all others acting on its behalf as the case may be from using plaintiffs trademark "Dr Rikh's clinic" for its services; b) Pass an order directing the Defendant to file a statement of accounts and assets on affidavit within a period of 2 weeks from service of notice of th