2026:BHC-OS:1351 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION (L) NO.31759 OF 2025 De Beers India Private Limited ....Petitioner V/S Fortofino Lifestyle Private Limited ....Respondent _________

Mr. Ankit Lohia with Mr. Pranav Sampat, Mr. Yash Kataria and Mr. Pratish Khata i/b M/s. Khaitan & Co. for the Petitioner.

Mr. Archit Jaykar i/b Ms. Trupti Khadse for Respondent.

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CORAM : SANDEEP V. MARNE, J.

DATE : 16 JANUARY 2026.

P.C.:

1. Since Respondent was once granted license to operate stores in India by using Petitioner’s brand/trademark ‘Forevermark’, the Respondent apparently believes that the license is ‘forever’. Petitioner has filed the present proceedings to restrain Respondent from using its brand/trademark for sale of diamonds in Respondent’s stores in India. 2. In paragraph 8 of the Arbitration Petition, the Petitioner has indicated following details in respect of the tenure of the Forevermark Jeweller Agreement (FMJA) in respect of different stores across India:

Sr. Location Date of Date of Date of No. offer letter commencement expiry

1 Ludhiana 12 February l October 14 December

2021 2020 2023

2 Ambala/ 12 February l October 30 September Jammu Channi 2021 2020 2023

3. In addition to expiry of tenure of FMJA, the Petitioner has separately issued discontinuation notices dated 22 August 2024 to the Respondent. However, since Respondent continues to operate stores in India under the trade/brand name ‘Forevermark’ and continues to sell diamonds with the inscribed mark ‘Forevermark’ thereon, the Petitioner has filed the present Petition in September 2025 under Section 9 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) seeking following prayers:

(a) pending the constitution of the Arbitral Tribunal, hearing and disposal of the Arbitration Proceedings, making of the Award, and until execution of the Award, Respondent by itself or through its directors, key managerial personnel, agents, servants, representatives, employees or any person claiming through or under it, be directed by this Hon'ble Court by an order of temporary mandatory injunction to-

i. cease carrying on the business as the Authorised Forevermark Jewellery Stores, including but not limited to identified Unauthorised Forevermark Jewellery Stores details of which have been provided in "Exhibit - C " hereto;

ii. collect up and/or obtain all Forevermark Materials and Forevermark Viewers and hand them over to the Petitioner and/or its representatives;

iii. remove all references to "Authorised Forevermark Jeweller" and to any other descriptive wording referencing Respondent's Authorised Forevermark Jeweller status from any materials (including website, domain names, corporate and promotional materials, invoices, labels, signages, hoardings) in respect of the Respondent' s Unauthorised Forevermark Jewellery Stores or any other stores/premises bearing the same, and where such references cannot be removed, destroy such materials and report the same to this Hon' ble Court;

iv. cease to sell, offer or dispose of any Products under, or by reference to the Trade Mark "Forevermark" including but not limited to the Trade Marks mentioned in Schedule III of the FMJ Agreement or any mark / label / logo identical with or similar thereto;

v. cease to hold itself out as an Authorised Forevermark JeweIler or as being in any way connected or associated with Forevermark on an on-going basis;

(b) this Hon' ble Court be pleased to pass an order of appointment of Court Receiver, High Court, Bombay or any other fit person be appointed as Receiver with all powers under Order XL Rule 1 and Order XXXIX Rule 7 of the Code of Civil Procedure, 1908 to attend and search the Respondent's Unauthorised Forevermark Jewellery Stores as more particularly described in Exhibit - C or any other stores / premises I warehouses I godowns of the Respondent and to make an inventory, seize and take possession/custody of all material, in