HEMANT KUMAR GOYAL ALIAS HARISH GOYAL . TRADING AS GOYAL TRADERS vs YASHWANT JAIN TRADING AS JAIN TRADERS

IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 247/2025, CM APPL. 55373/2025 & CM APPL. 55374/2025 HEMANT KUMAR GOYAL ALIAS HARISH GOYAL. TRADING AS GOYAL TRADERS .....Appellant Through: Mr. Dharmendra K. Yadav, Ms. Sandhya Anand, Ms. Himani and Mr. Umesh Kumar, Advs. versus YASHWANT JAIN TRADING AS JAIN TRADERS .....Respondent Through: Mr. Neeraj Grover, Mr. Mohit Sharma, Mr. Ankur Tiwari and Ms. Aishwarya Amber, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER(ORAL) % 03.09.2025 C. HARI SHANKAR, J. 1. There are two perceptible errors in the impugned order. 2. Firstly, there is an apparent discrepancy between paras 21.1 and 25.2 of the impugned order, inasmuch as, in para 21.1, the learned Commercial Court has observed that there could be no case of infringement against the owner of a registered trade mark and, in para 25.2, has proceeded to hold that a prima facie case of infringement of trade mark is made out. 3. Secondly, the interim order has been passed on a finding of passing off without recording a prima facie finding of goodwill. FAO (COMM) 247/2025 4. With consent of the parties, the impugned order is quashed and set aside