B.C. HASARAM AND SONS vs SMT. NIRMALA AGARWAL PROPRIETOR OF M/S KARMYOGI SHARBHANG MUNI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 24.09.2025 Judgment pronounced on: 12.11.2025 + RFA(COMM) 214/2025, CM APPL. 22330/2025 & CM APPL. 22331/2025 B.C. HASARAM & SONS .....Appellant Through: Ms. Swathi Sukumar, Sr. Adv. with Ms. Tusha Malhotra, Ms. Sugandha Yadav, Ms. Ritik Raghuwanshi, Ms.Rishika Aggarwal, Ms. Shrudula Murty, Ms. Pratibha Singh, Advs. versus SMT. NIRMALA AGARWAL Proprietor of M/s Karmayogi Sharbhang Muni ....Respondent Through: Mr. Anupam Shrivastav, Sr. Adv. with Mr. Nitin K Gupta, Mr. Sanchay Mehrotra and Mr. Parth Kansal, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 12.11.2025 OM PRAKASH SHUKLA, J. 1. The present Regular First Appeal has been filed under Section 13 (1A) of the Commercial Courts Act, 2015 read with Section 96 of the Code of Civil Procedure, 19081 arising from the final judgment dated 13.01.2025 passed by the court of the learned District Judge (Commercial Courts), North East District, Karkardooma Courts, Delhi 1 “CPC” hereinafter Signature Not Verified Signed By:PREETI Signing Date:12.11.2025 19:25:32 RFA(COMM) 214/2025 Page 1 of 22 in C.S.(COMM) No. 23 of 2023, titled “Smt. Nirmala Garwal, Proprietor of M/s Karmyogi Sharbhang Muni v B.C. Hasaram & Sons”. Whereby, the learned District Judge decreed the suit in favour of the plaintiff (arrayed as “Respondent” in the present Appeal), holding that the defendant (arrayed as “Appellant” in the present Appeal) had infringed respondent’s trademark and copyright in relation to the product “Nayan Jyoti” and directed the appellant to pay a sum of Rs.48,35,610/- (Forty eight lakh thirty five thousand six hundred and ten only) as damages for the infringement, in addition to Rs. 2,27,514/- (Two lakh twenty seven th