ANUJ BINDAL MESSRS AGGARWAL RICE AND OIL MILLS vs UNION OF INDIA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 08.05.2026 Judgment delivered on: 15.06.2026 + C.O. (COMM.IPD-TM) 120/2025 ANUJ BINDAL MESSRS AGGARWAL RICE AND OIL MILLS .....Petitioner versus UNION OF INDIA & ANR. .....Respondents Advocates who appeared in this case For the Petitioner : Ms. Nishi Shabana and Ms. Simar, Advocates. For the Respondents : Ms. Nidhi Raman, CGSC with Mr. Om Ram and Ms. Nikita Singh, Advocates for R-1. Ms. Deeksha Gulati, Mr. Vikrant Malhotra and Mr. Bhavesh, Advocates for R-2. CORAM: HON’BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J I.A. 24863/2025 1. This is an Application filed on behalf of Mrs. Sunita Devi (“Applicant”) under Order XXII Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking substitution of Respondent No. 2, Mr. Tarsem Chand, sole proprietor of M/s R.D. Traders by the Applicant in C.O. (COMM.IPD-TM) 120/2025 (“Rectification Petition”). Signature Not Verified C.O. (COMM.IPD-TM) 120/2025 Page 1 of 7 Signed By:NEELAM SHARMA Signing Date:15.06.2026 19:11:32 2. Respondent No. 2 is the husband of the Applicant. Respondent No. 2 had registered the Trade Mark, ‘DOUBLE KABOOTAR BRAND’ bearing Registration No. 5574981 in Class 31 on 19.08.2022 (“Subject Mark”). 3. Respondent No. 2 vide Assignment Deed dated 01.08.2025 (“Assignment Deed”) had assigned all rights in the Subject Mark to the Applicant. The Assignment Deed had been filed before the learned Registrar of Trade Marks on 04.08.2025. SUBMISSIONS ON BEHALF OF THE PETITIONER 4. The learned Counsel for the Petitioner made the following submissions: 4.1. The Assignment Deed had already been held to be false and frivolous by this Court vide order dated 25.09.2025 in the Rectification Petition. Since this Court had already recorde