Court allowed withdrawal of defendants engaged with a trade mark, balancing the plaintiff's interests.

O R D E R

% 26.08.2025 I.A. 15434/2025

1. This is an application filed by the plaintiff under Order 1 Rule 10 CPC seeking impleadment of four new persons as defendant nos. 5, 6, 7 and

8.

2. For ease of reference proposed defendant nos. 5, 6, 7 and 8 are referred to as defendant nos. 5, 6, 7 and 8 in the order.

Defendant no. 5 and Defendant no. 7

3. Defendant no. 5 appears in person and has joined the proceedings through video conferencing link.

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4. He submits that he had a restaurant operating under the impugned mark, which he had closed down in past 1½ year. He submits that he has also deleted his listing on Zomato two weeks ago. He therefore prays that he may not be impleaded in these proceedings.

5. Learned counsel for defendant no. 7 states that Swiggy has already taken down defendant no. 7’s listing and defendant no. 7 does not wish to pursue the re-listing of his restaurant. He states that defendant no. 7 does not wish to continue the use of the impugned mark and therefore, proposed Defendant no. 7 may not be impleaded in these proceedings.

6. He states that defendant no. 7 has no objection if Zomato takes down the listing of defendant no. 7 from its website. He states that the listing is not being used by the defendant no. 7 to accept orders. He states that defendant no. 7 is not active on Zomato.

He states that defendant no. 7 will write a formal communication to Zomato for taking down the said listing within one (1) week.

7. Defendant No. 7 is directed to file an affidavit for the submissions made before this Court today.

8. Mr. Vivek Kumar, Advocate who is present in Court for defendant no. 7 has been asked to assist defendant no. 5 in filing an affidavit with respect to his submissions recorded hereinabove.

9. Learned counsel for the plaintiff states that in view of the submissions of defendant nos. 5 and 7, subject to their filing an affidavit, the plaintiff has no objection to close this application qua the said defendants.

10. Zomato and Swiggy are directed to act upon the submissions of defendant nos. 5 and 7 and ensure that their listing containing the impugned mark ‘CHASKAA’ or its variation is removed from the website.

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11. The affidavit will be filed by the defendant no. 5 and defendant no. 7 within two (2) weeks. Subject to defendant no. 5 and defendant no. 7 filing their affidavits in terms recorded hereinabove, the application shall stand disposed of qua these defendants.

Defendant no. 6

12. Learned counsel for defendant no. 6 opposes this application.

13. Learned counsel for the plaintiff states on instructions that he is not pressing this application qua defendant no. 6 and he reserves his right to avail his remedy against defendant no. 6 by filing separate proceeding in accordance with law.

14. The application is accordingly disposed of qua defendant no. 6 with liberty reserved to the plaintiff. It is further clarified that in case, plaintiff decides to initiate any proceeding against defendant no. 6, it will duly serve defendant no. 6 an advance copy of the pleadings as well as the counsel who has entered appearance for defendant no. 6.

Defendant no. 8

15. None appears on behalf of defendant no. 8.

16. In the interest of justice, adjourned.

CS(COMM) 154/2025