SANA HERBALS PRIVATE LIMITED vs MOHSIN DEHLVI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:16 October 2025 Pronounced on: 5 January 2026 + FAO (COMM) 77/2025, CM APPL. 15229/2025 SANA HERBALS PRIVATE LIMITED .....Appellant Through: Mr. J. Sai Deepak, Sr. Adv with Mr. M.K. Miglani, Mr. R. Abhishek, Mr. Amit Tomar and Mr. Hardik Gogia, Advs. versus MOHSIN DEHLVI & ANR. .....Respondents Through: Ms. Swathi Sukumar, Sr. Adv. with Ms. Tanzeela, Ms. Ritika Aggarwal, Mr. Ritik Raghuwanshi, Ms. Shrudula Murthy and Ms. Pratibha Singh, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 05.01.2026 C. HARI SHANKAR, J. 1. This appeal assails order dated 21 December 2024, passed by the learned District Judge, Commercial Court-03 (Central), Tis Hazari1 whereby the appellant’s application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 19082 has been dismissed. Respondent 1, in the appeal, is Mohsin Dehlvi, and Respondent 2 is Dehlvi Remedies Pvt Ltd. 1 “the learned Commercial Court” hereinafter 2 “CPC” hereinafter. Signature Not Verified FAO (COMM) 77/2025 Digitally Signed By:AJIT Page 1 of 42 KUMAR Signing Date:05.01.2026 16:24:48 2. CS (Comm) 1776/20203 stands instituted by the appellant against the respondents, alleging (i) infringement, by the respondents, of the trade mark NOKUFSYRUP which stands registered in favour of the appellant, under Section 23 of the Trade Marks Act, 1999, with effect from 15 May 2015, and (ii) passing off, by the respondents, of their product NOKUF/ KufNo Syrup as the product of the appellant, by using the mark NOKUF. 3. No case of infringement can sustain 3.1 At the very outset, we deem it appropriate to clear the air by observing that, as the trade mark NOKUF stands registered in favour of Respondent 2 with effect from 3 Ju