MOHAMMAD TALHA vs M/S KARIM HOTELS PVT. LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 2 July 2025 Pronounced on: 6 November 2025 + FAO (COMM) 82/2025 & CM APPL. 17511/2025 MOHAMMAD TALHA .....Appellant Through: Ms. Swathi Sukumar, Sr. Adv. with Mr. Shayan Khurram, Mr. Osho Mittal, Mr. Ritik Raghuvanshi, Mr. Rishab Aggarwal and Mr. Arafat Ali, Advs. versus M/S KARIM HOTELS PVT. LTD .....Respondent Through: Mr. Darpan Wadhwa, Sr. Adv. with Ms. Ridhima Goyal, Mr. Saif Uddin Khan, Mr. Mohd. Affan, Ms. Rashi Khandelwal, Ms. Divita & Ms. Rhea, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL % JUDGMENT 06.11.2025 C. HARI SHANKAR, J. 1. Purportedly on coming to learn, in December 2020, that the appellant Mohammad Talha was operating a restaurant in Moradabad under the name GULSHAN-E-KARIM, serving Mughlai delicacies, the respondent instituted CS (Comm) 1979/20221 before the learned District Judge (Commercial Court-13), Central District, Tis Hazari2, seeking a decree of permanent injunction, restraining the appellant and all others acting on his behalf from using the mark GULSHAN-E- 1 “the suit” hereinafter 2 “the learned Commercial Court” Signature Not Verified Digitally Signed By:AJIT KUMAR FAO (COMM) 82/2025 Page 1 of 37 Signing Date:06.11.2025 14:53:39 KARIM or any other mark which is deceptively identical or similar to the respondent’s registered trade marks, which included the word mark KAREEM and the device mark KARIM. 2. The suit is presently pending. Along with the suit, the respondent filed application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure 19083, seeking an interim injunction, restraining the appellant from using the mark GULSHAN-E-KARIM or any other mark which was confusingly or deceptively similar to the registered trade mark of the res