GUJRAL RESTURANTS AND MANAGEMENT PVT LTD & ANR. vs SKY HIGH & ANR.

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 20.04.2026 + O.M.P.(I) (COMM.) 165/2026 & I.A. 10624/2026 (For Exemption) GUJRAL RESTURANTS AND MANAGEMENT PVT LTD & ANR. .....Petitioners Through: Mr. Rishabh Sharma and Ms. Ambica Sood, Advocates for P-1. versus SKY HIGH & ANR. .....Respondents Through: Mr. Ishan Jain, Advocate. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present Petition has been filed under Section 9 of the Arbitration and Conciliation Act, 19961, seeking the following reliefs: “….. i. Pass an Ex-parte Order of the Injunction against the Respondents, its principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc. be restrained by an Order of injunction from: Advertising, selling, offering for sale, marketing, promoting any restaurant and catering business or in any other manner whatsoever, using the Impugned Marks „MOTI MAHAL‟, „MOTI MAHAL DELUX‟ or any other mark which is deceptively and/or confusingly similar and/or identical/virtually identical to the Petitioner‟ earlier, well – known and 1 A&C Act Signature Not Verified Digitally Signed By:NEERU O.M.P.(I) (COMM.) 165/2026 Page 1 of 6 Signing Date:22.04.2026 18:10:57 registered trademarks „MOTI MAHAL‟, „MOTI MAHAL' formative marks or any of the trademarks or in any other manner whatsoever, which would amount to infringing the Petitioner' earlier well-known registered trademarks and passing off; ii. The Respondent No. l, its principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc. be ordered by a decree of mandatory inj