THE INDIAN HOTELS COMPANY LIMITED vs GAURAV ROY BHATT & ANR.

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11th March, 2025 + CS(COMM) 717/2023 THE INDIAN HOTELS COMPANY LIMITED .....Plaintiff Through: Mr. Pravin Anand, Mr. Achuthan Sreekumar, Mr. Rohil Bansal and Mr.Swastik Bisarya, Advocates. versus GAURAV ROY BHATT & ANR. .....Defendants Through: Mr. Abhyanand, Advocate. 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 marks and copyright and passing off of their services as those of the plaintiff along with other ancillary reliefs. PROCEEDINGS IN THE SUIT 2. Summons in the suit was issued to the defendants on 10th October 2023. On the same date, an ex-parte ad interim injunction in favour of the plaintiff and against the defendants was granted and a Local Commissioner was appointed by this Court. 3. As recorded in the order of Joint Registrar dated 21st November 2023, the defendants were served on 1st November 2023. Signature Not Verified Digitally Signed CS(COMM) 717/2023 Page 1 of 9 By:KOMAL DHAWAN Signing Date:18.03.2025 14:42:50 4. The defendants entered appearance in the suit on 21st November 2023 and a written statement was filed on their behalf. 5. On 24th January 2025, counsel for the defendants, on instructions, submitted that a decree of permanent injunction may be passed against the defendants. Accordingly, the suit was decreed against the defendants in terms of prayer clause contained in paragraphs no.79(i) to 79(iv) and 79(vi) of the plaint. 6. Counsel for the plaintiff pressed for its prayer contained in paragraph no.79(vii) of the plaint for declaring its registered TAJ marks as well-known trade marks under the provisions of Section 2(1)(zg) of the Tra