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2025 Supreme(Del) 323

IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE, J.
Reliance Industries Limited – Plaintiff
Versus
Pawan Kumar Gupta & Ors. – Defendants
CS(COMM) 675 of 2025
Decided On : 10-07-2025

Advocates appeared:
For the Plaintiff : Mr. Ankit Sahni, Ms. Kritika Sahni, Mr. Chirag Ahluwalia and Mr. Mohit Maru, Advs.
For the Defendants : Mr. Naman Joshi, Ms. Priya Goyal and Mr. Aakash Deep Singh, Advs. for D-22/ Indiamart. Mr. Akshay Maloo and Mr. Rishabh Rao, Advs. for D-23. Mr. Vivek Ayyagari, Ms. Mishthi Dubey and Mr. Abhay Aren, Advs. for D-25.

The court granted an injunction against defendants for trademark infringement, emphasizing consumer safety and the risk of confusion caused by similar branding.

Headnote:(A) Code of Civil Procedure, 1908 - Section 149 - Commercial Courts Act, 2015 - Section 12A - Application for exemption from pre-institution mediation and filing of deficient court fees granted - The plaintiff seeks an ad-interim injunction against the defendants for infringing trademarks 'RELIANCE' and 'JIO' and for passing off, with a focus on consumer safety. (Paras 1-42)

(B) Trademark Infringement - The court highlighted the prima facie case of trademark infringement and copyright violation, emphasizing the potential consumer confusion due to the actions of defendant nos. 1 to 21, who are imitating the plaintiff's trademarks and packaging. (Paras 38-41)

(C) Ex Parte Injunction - The balance of convenience lies with the plaintiff, and irreparable loss is likely if the injunction is not granted. (Paras 42-43)

Table of Content
1. extension of time for court fee filing. (Para 1 , 2 , 3)
2. exemption from mediation granted. (Para 4 , 5 , 6)
3. exemption from advance service permitted. (Para 10 , 11 , 12)
4. suit for trademark infringement initiated. (Para 13 , 14 , 15)
5. injunction granted based on consumer safety. (Para 20)
6. plaintiff's trademark detail and claims. (Para 24 , 25)
7. defendants' infringement activities outlined. (Para 31 , 32 , 33 , 34)
8. likelihood of consumer confusion analysis. (Para 39 , 40 , 41)
9. injunction granted based on irreparable harm. (Para 42 , 43)
10. notice and further procedures scheduled. (Para 44 , 46 , 48 , 49)

ORDER :

SAURABH BANERJEE, J.

I.A. 15938/2025-Sec 149 CPC

1. By virtue of the present application under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 (CPC), the plaintiff seeks two weeks time to file the deficient Court fees.

2. For the reasons stated in the application, the present application is allowed, however, the plaintiff is granted time of two days to file the deficient Court fees.

3. Accordingly, the present application stands disposed of.

I.A. 15934/2025-Exemption from pre institution mediation

4. Vide the present application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of the CPC, the plaintiff seeks exemption from pre-institution mediation.

5. Considering the averments made in the present application, as also since the plaintiff is seeking grant of urgent interim relief, and particularly since the products involved are intended for human consumption, and the possibility of consumer deception is likely to cause detriment to public interest, the plaintiff is exempted from instituting pre-institution mediation.

6. Accordingly, the present application is allowed and disposed of.

I.A. 15936/2025-Additional document

7. Vide the present application under Order XI Rule 1(4) read with Section 151 of the CPC, the plaintiff seeks leave of this Court to file additional documents.

8. The plaintiff will be at liberty to file additional documents at a later stage, albeit, after initiating appropriate steps, strictly as per the provisions of the Commercial Courts Act, 2015 read with Section 151 of the CPC and the Delhi High Court (Original Side) Rules, 2018.

9. Accordingly, the present application stands disposed of.

I.A. 15937/2025-Exemption from advance service

10. Vide the present application under Section 151 of the CPC, the plaintiff seeks exemption from advance service upon the defendants.

11. Considering the reasons stated in the application, and in the interest of justice, the plaintiff is granted exemption from effecting advance service upon the defendants.

12. Accordingly, the present application is allowed and disposed of.

CS(COMM) 675/2025

13. Vide the present plaint, the plaintiff seeks grant of a permanent injunction restraining infringement of trade mark, passing off, unfair trade practice, damages, rendition of accounts, etc. against the defendants.

14. Learned counsel for the plaintiff at the outset, seeks and is granted two weeks for depositing an appropriate court fee with respect to the valuation of each of the defendants separately in terms of the provisions of the law.

15. Let the plaint be registered as a suit.

16. Issue summons.

17. Learned counsel for the defendant nos.22, 23 and 25 accept summons. They seek and are granted thirty days to file written statement(s). The said written statement(s) be filed by the defendant nos.22, 23 and 25 along with affidavit of admission/denial of documents of the plaintiff, without which the written statement(s) shall not be taken on record.

18. Upon filing of the process fee, issue summons of the suit to the remaining defendants through all permissible modes returnable before the learned Joint Registrar on 16.10.2025.

19. The summons shall state that the written statement(s) be filed by the defendants within a period of thirty days from the date of the receipt of the summons. Written statement(s) be filed by the

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