K ARJUN SINGH AND OTHERS vs GM MODULAR PVT. LTD.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 262/2025, CM APPLs. 57240/2025, 57241/2025, 57242/2025 & 57243/2025 K ARJUN SINGH AND OTHERS .....Appellants Through: Mr. Kunal Khanna, Mr. Madhav Anand, Mr. Krtin Bhasin, Mr. Yashveer Singh, Mr. Udit Sharma and Mr. Kaulik Mitra, Advs. versus GM MODULAR PVT. LTD. .....Respondent Through: Mr. S.K. Bansal, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 11.09.2025 C. HARI SHANKAR, J. 1. We find from a reading of the impugned ad interim order that it has injuncted registered trademarks of the appellant after returning a finding of infringement which, according to our decision in Vaidya Rishi India Health Pvt v Suresh Dutt Parashar1 read with the judgment of the Supreme Court in S. Syed Mohideen v P. Sulochana Bai2 is ex facie impermissible. 2. Insofar as the aspect of passing off is concerned, there is no 1 Judgment dated 7 August 2025 in FAO (COMM) 122/2024 2 (2016) 2 SCC 683 Signature Not Verified Digitally Signed By:AJIT FAO (COMM) 262/2025 Page 1 of 3 KUMAR Signing Date:15.09.2025 17:53:44 categorical finding of goodwill. 3. Given this position, Mr. Bansal, learned Counsel for the respondent is agreeable to the impugned order being set aside with a direction to the learned Commercial Court to decide the application under Order XXXIX Rules 1 and 2 of the CPC of the respondent finally, uninfluenced by any observation contained in the impugned order. 4. We order accordingly. 5. We are informed that the interim application of the respondent is now listed before the learned Commercial Court on 26 November 2025. 6. In view of the fair stand adopted by Mr. Bansal, we deem it appropriate to advance the hearing of the Order XXXIX Rules 1 and 2 application to 10 Octob