IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J
TRIVENI HOUSEHOLD ITEMS MANUFACTURERS PRIVATE LIMITED – Appellant
Versus
TRIVENIPRIME INDUSTRIES PRIVATE LIMITED – Respondent
CS(COMM) 777/2025
| Table of Content |
|---|
| 1. requests for exemptions under cpc and commercial courts act. (Para 1 , 5 , 9 , 13) |
| 2. plaintiff's claims about trademark infringement and significant usage. (Para 16 , 17 , 18) |
| 3. interim injunction considerations and procedural directives. (Para 26 , 28) |
O R D E R
% 01.08.2025 I.A. 18459/2025(for exemption)
1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 (‘CPC’), has been filed by the Plaintiff seeking exemption from filing original/certified/typed, translated copies of documents.
2. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side)
Rules, 2018.
3. The typed and/or fair copies of the illegible documents be filed within two (2) weeks. Also the translated copies of the documents in vernacular be Page 1 of 5 filed within two (2) weeks.
4. The present application is disposed of.
I.A. 18458/20252025 (Application has been filed under Section 149 of the CPC seeking extension of time for filing Court Fees)
5. The present application has been filed by the Plaintiff under Section
149 of the CPC, seeking enlargement of time for filing Court Fees.
6. Learned counsel for the Plaintiff states that the Court Fee shall be deposited within a period of one (1) week.
7. The time sought for is granted, failing which the consequences of Order VII Rule 11(b) CPC shall follow.
8. With the aforesaid directions, the application stands allowed.
I.A. 18457/2025 (Application seeking leave to file additional documents)
9. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (‘CPC’) [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)], within 30 days.
10. The Plaintiff, if it wishes to file additional documents will file the same within 30 days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 (‘DHC Rules’).
11. For the reasons stated in the application, the same is allowed.
12. Accordingly, the application is disposed of.
I.A. 18456/2025 (Application under Section 151 of the CPC seeking exemption from compliance of Section 12A of the Commercial Courts Act, 2015 )
13. This is an application under Section 12A of the Commercial Courts Page 2 of 5 Act, 2015 read with Section 151 CPC, filed by the Plaintiff seeking exemption from instituting pre-litigation mediation.
14. Having regard to the facts of the present case and in light of the judgement of Supreme Court in Yamini Manohar v. T.K.D. Krithi , [2023 SCC OnLine SC 1382.]
exemption from attempting pre-institution mediation is granted.
15. Accordingly, the application stands disposed of.
CS(COMM) 777/2025
16. This is a suit filed by the Plaintiff seeking permanent injunction restraining infringement of trademark, infringement of copyright and passing off, damages etc., against the Defendants. The subject matter of the present suit are the trademarks of the Plaintiff i.e., ‘TRIVENI’, ‘TRIVENI ALMIRAH’ and ‘ ’.
17. Learned counsel for the Plaintiff states that Defendant No. 2 is an ex- employee of the Plaintiff and the adoption of the impugned marks i.e., ‘TRIVENI PRIME’, ‘ ’ and ‘ ’by the Defendants is dishonest. He states that Defendants have recently started manufacturing goods under the impugned mark
17.1. He states that Plaintiff has been using its trademark since the year 1995 and has substantial turnover (sales figure for the year 2024-2025 is pleaded as 381.013 Crores).
17.2. He states that Plaintiff had issued Cease-and-desist notices to the Page 3 of 5 Defendants dated 26.11.2024 and 15.01.2025.
17.3. He states that an advance copy of the paper-book was also served on the Defendants, however there is no appearance.
18. Let the plaint be registered as a suit
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