DEVANS MODERN BREWERIES LIMITED vs CARTEL BROS PRIVATE LIMITED & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order reserved on: 22.05.2026 Order delivered on: 22.06.2026 + CS(COMM) 346/2026, I.A. 9898/2026, I.A. 9911/2026 & I.A. 10797/2026 DEVANS MODERN BREWERIES LIMITED .....Plaintiff versus CARTEL BROS PRIVATE LIMITED & ANR. .....Defendants Advocates who appeared in this case: For the Plaintiff : Mr. J. Sai Deepak, Senior Advocate alongwith Mr. Afzsal B. Khan, Ms. Suhrita Majumdar, Mr. Manosij Mukherjee, Mr. Sharad Besoya, Ms. Manya Jain, Ms. Purnima Vashishtha and Mr. Bal Krishan Singh, Advocates. For the Defendants : Mr. Amit Sibal, Senior Advocate with Mr. Gaurav Bahl and Mr. Ajit N. Makhijani, Mr. Rajat Jain, Ms. Amrita Dubey and Ms. Chayanika Das, Advocates for D-1. Mr. Prateek Goyal and Mr. Gaurav Kathuria, Advocates for D-2. CORAM: HON’BLE MR. JUSTICE TUSHAR RAO GEDELA ORDER TUSHAR RAO GEDELA, J. I.A. 8777/2026 (Under Order XXXIX Rules 1 & 2, CPC) 1. This is an application filed by the plaintiff under Order XXXIX Rules 1 & 2, Signature Not Verified CS(COMM) 346/2026 Digitally Signed By:YASHRAJ Page 1 of 39 Signing Date:22.06.2026 17:32:25 Code of Civil Procedure, 1908 (‘CPC’) seeking interim injunction against the defendants. 2. Plaintiff claims to be founded in the year 1961 by the pioneering industrialist, Shri Dewan Gian Chand, and is one of the leading manufacturers of malt, spirit & beers in the country. It also claims to manufacture fine and world class alcoholic beverages under various popular brands such as “GODFATHER”, “KOTSBERG”, “GIANCHAND”, “OLD VAT” and “SIX FIELDS” amongst others. 3. It claims to have adopted the trademark “GODFATHER” in the year 1984 in connection with “beers” in Class-32, and has since then been continuously and extensively using the said trademark. It also claims to have secured several trad