MR P.C. DURAISAMY vs KEWAL KRISHAN KUMAR & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement reserved on: 16.03.2026 Judgement delivered on: 24.06.2026 + C.O. (COMM.IPD-TM) 180/2022 MR P.C. DURAISAMY .....Petitioner versus KEWAL KRISHAN KUMAR & ANR .....Respondents Advocates who appeared in this case: For the Petitioner : Mr. Kumar Sudeep, Advocate. For the Respondents : Mr. Neeraj Grover, Mr. Angad Deep Singh, Ms. Mohona Sarkar and Ms. Riya Luthra, Advocates for R-3. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J. 1. The present petition has been filed seeking removing, expunging or cancelling the trademark “SHAKTI” registered under no.701410 in Class 30 in the name of respondent no.1 from the Register of Trade Marks under Section 47(1)(a) and 47(1)(b), and 57(2) of the Trade Marks Act, 1999 (hereinafter referred to as ‘Act’). 2. Facts as culled out from the petition are as under: (a) Petitioner claims to be a leading manufacturer of food products, and in the course of the said business, had honestly conceived and adopted the trademark “SAKTHI” as its trade name, trading style, and 1977. Petitioner manufactures food products including varieties of spice and masala powders, edible oils, pick