PEPSICO INC. & ANR. vs PARLE AGRO PRIVATE LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order reserved on : 07.04.2026 Order delivered on: 15.04.2026 + CS(COMM) 268/2021 PEPSICO INC. & ANR. .....Plaintiffs versus PARLE AGRO PRIVATE LIMITED .....Defendant Advocates who appeared in this case: For the Plaintiff : Mr. Dayan Krishnan, Senior Advocate with Ms. Avni Sharma, Ms. Aparna Singh, Mr. Deepak Gogia, Mr. Aadhar Nautiyal and Ms. Shivangi Kohli, Advocates. For the Defendant : Mr. C.M. Lall, Senior Advocate with Mr. Ankit Arvind, Mr. Shashwat Rakshit and Ms. Nidhi Pathak, Advocates. CORAM: HON’BLE MR. JUSTICE TUSHAR RAO GEDELA ORDER TUSHAR RAO GEDELA, J: I.A. 524/2026 (Under Order XXXIX Rule 2A CPC) 1. This is an application under Order XXXIX Rule 2A read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred as “CPC”) filed on behalf of the plaintiffs seeking a direction to hold the defendant as also its principal officers guilty of wilfully violating and disobeying the order dated 18.09.2023, passed by this Court. 2. In the suit, the plaintiffs have sought a decree of permanent injunction, restraining infringement of registered trademark/tagline “For The Bold”, passing off, dilution, delivery up, damages and costs, against the defendant. Signature Not Verified Digitally Signed By:YASHRAJ CS(COMM) 268/2021 Signing Date:15.04.2026 Page 1 of 14 18:25:58 3. Mr. Dayan Krishnan, learned senior counsel in order to set out the background, refers to the orders dated 09.01.2026, 06.02.2026 and 16.02.2026 passed by this Court based whereon the defendant has filed two affidavits dated 22.01.2026 and 16.02.2026. 4. He would contend that a plain reading of both the affidavits do not leave any doubt that the defendant has knowingly, wilfully and deliberately disobeyed the directions contained in sub-para (