BHHUTPORV ARDH SAINIK KALYAN CANTEEN/ EX-ARDH SAINIK KALYAN CANTEEN, vs ARDH SAINIK CANTEEN & ANR.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06.05.2026 + RFA(COMM) 149/2026 BHHUTPORV ARDH SAINIK KALYAN CANTEEN/ EX-ARDH SAINIK KALYAN CANTEEN, .....APPELLANT Through: Mr. Umesh Sharma & Ms Chhaya Sharma, Advs. versus ARDH SAINIK CANTEEN & ANR. .....RESPONDENTS Through: None. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) CM APPL. 16587/2026 (Exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The application stands disposed of. CM APPL. 23278/2026 (For condonation of delay) 3. For the reasons stated in the application, the delay of 57 days in re- filing the appeal is condoned. 4. The application stands disposed of. RFA(COMM) 149/2026 & CM APPL. 16586/2026 5. This appeal has been filed under Section 13 of the Commercial Courts Signature Not Verified Signed By:MOHIT RFA(COMM) 149/2026 Page 1 of 9 Signing Date:14.05.2026 18:19 Act, read with Order XLI of the Code of Civil Procedure, 1908 [‘CPC’], against the judgment and decree dated 28.10.2025 [‘impugned judgment’] passed by the District Judge (Commercial Court) in CS(COMM) 184/2023. FACTUAL MATRIX 6. Respondent No. 1 is engaged in providing ready-to-work opportunities to army personnel in various fields for running stores by the name of ‘Ardh Sainik Canteen’ since 2015. Respondent No. 2 is the proprietor and has a registration for the device mark ‘ bearing TM No. 5188201. It is stated that the words ‘Ardh Sainik Canteen’ are the dominant feature of this device mark. 6.1. It is stated that the Appellant and his father had approached the Respondents in June 2022 for obtaining a franchise from the Respondents for running and operating a store with the name ‘Ardh Sainik Canteen’ as well as purchasing go