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2025 Supreme(Online)(Del) 10317

IN THE HIGH COURT OF DELHI AT NEW DELHI
Tejas Karia, J
MHG IP Holding Singapore Pte. Ltd – Appellant
Versus
Shridhar Infracon LLP – Respondent
CAV 464/2025 | I.A. 29960/2025 | I.A. 29959/2025



Advocates:
For the Appellants/Petitioners: Chander M. Lall, Annanya, Parul Panthi, Ishika Seth, Sahil Arora, Amit Panigrahi
For the Respondents: Amit George, Rishabh Dheer, Aishwarya Singh, Dushyant Kaul, Sarthak Bhardwaj, Prateek Srivastava

The court registered a commercial suit for trademark infringement, permitted the filing of additional documents, and recorded an undertaking from the defendants to refrain from using the trademark 'ANANTARA' for any new projects pending the disposal of the interim injunction application.

Headnote:(A) Civil Procedure - Commercial Suits - Filing of Additional Documents - Leave granted to place additional documents on record in accordance with the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018. (Para 11)

(B) Interim Injunction - Trade Mark Infringement - Use of ‘ANANTARA’ - Defendants provided an undertaking not to use the Plaintiffs' registered trademark for any new projects pending the hearing and final disposal of the application. (Para 16, 17)

Legal Category Hierarchy

  • practice and procedure
    • civil procedure
      • pleadings
        • written statement (Para 5)
        • replication (Para 6)
        • admission/denial affidavit (Para 5, 6)
      • interim relief
        • temporary injunction (Para 13, 14, 16, 17, 18, 19)
        • additional documents (Para 10, 11, 12)
    • commercial suits (Para 10, 11)
  • intellectual property
    • trademarks
      • infringement (Para 13)

Table of Contents

1. Trademark infringement suit — Plaintiffs seek interim injunction against use of registered trademark — Defendants give undertaking not to use mark for new projects. (Para 13 , 15 , 16 )

2. Plaintiffs seek complete restraint; defendants offer to stop only for new projects pending disposal. (Para 15 , 16 )

3. Notice issued on injunction application — Defendants' undertaking accepted — Additional documents allowed — Case listed for hearing. (Para 11 , 12 , 14 , 17 , 18 , 19 )

4. Under what conditions can a party file additional documents in a commercial suit after the plaint is registered?

The court may permit filing of additional documents under Order XI Rule 1(4) CPC read with the Commercial Courts Act and applicable High Court Rules. (Para 10 , 11 )

5. What is the court's power to accept an undertaking from a defendant in an injunction application regarding trademark use?

The court may take the defendant's statement on record as an undertaking and direct the defendant to be bound by it pending disposal of the application. (Para 16 , 17 )

1. The learned Counsel for the Defendant(s) / Caveator has entered appearance.

2. Caveat stands discharged.

3. Let the Plaint be registered as a Suit.

4. Issue Summons. The learned Counsel for the Defendants accepts Summons.

5. The Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written

Statement(s), the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.

6. Liberty is granted to the Plaintiffs to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.

7. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

8. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

9. List before the learned Joint Registrar on 23.01.2026 for completion of service and pleadings.

I.A. 29960/2025(Additional Documents)

10. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as applicable to Commercial Suits under the Commercial Courts Act, 2015 (“CC Act”) seeking leave to place on record additional documents.

11. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.

12. Accordingly, the Application stands disposed of.

I.A. 29959/2025(U/O XXXIX Rule 1 and 2 of CPC)

13. This is an Application filed under Order XXXIX Rule 1 and 2 of CPC

seeking grant of interim injunction restraining the Defendants, their directors, promoters, franchisees, associates, licensees, agents, successors, assigns, members, employees and other persons or entities claiming through them, from using of the Trade Mark, ‘ANANTARA’ registered in the name of the Plaintiffs (“Plaintiffs’ Trade Mark”) or any other Trade Mark identical or deceptively similar to the Plaintiffs’ Trade Mark.

14. Issue Notice. The learned Counsel for the Defendants, appearing on advance service, accepts Notice and seeks time to file the Reply.

15. The learned Senior Counsel for the Plaintiffs has relied upon the e mail dated 09.07.2025 from the Defendants stating that the Defendants are ready and willing to stop the use of the Plaintiffs’ Trade Mark, however, since the Defendants have started two construction projects with the name of ‘ANANTARA’ and various documents are submitted before the Real Estate Regulatory Authority with the Trade Mark, ‘ANANTARA’, the Defendants will use the name till the completion of the two sites and will not start any new project with the Trade Mark, ‘ANANTARA’.

16. The learned Counsel for the Defendants, on instructions, submits that without prejudice to their rights and contentions, the Defendants are willing to make a statement that the Defendants shall not use the Plaintiffs’ Trade Mark, ‘ANANTARA’ for any new project of the Defendants till the hearing and final disposal of this Application.

17. The said statement is taken on record as an undertaking and the Defendants are directed to be bound by the said undertaking.

18. Let the Reply be filed within a period of four weeks from date. Rejoinder thereto, if any, may be filed within a period of two weeks thereafter.

19. List for hearing on 22.01.2026.

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