$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 111/2023, I.A. 4147/2023 and I.A. 4149/2023 ARCHIAN FOODS PRIVATE LIMITED .....Plaintiff Through: Mr. Nikhil Sonker and Mr. Lakshay Gunawat, Advocates.

versus SWAMI FOODS & ORS. .....Defendants Through: Mr. Rahul Dadwal, Advocate for D-5.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 11.12.2025 I.A. No. 7026/2025 (for impleadment)

1. ThisisanApplicationfiledonbehalfofthePlaintiffunderOrderIRule 10 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), for impleadment and addition of proposed Defendant No. 5.

2. For the reasons stated in the Application, the same is allowed.

3. Mr. Swami Manoj Anand (proprietor of Swami Foods), S/o Indra Sharma, having addresses at (i) Flat No 888, Janta Flats, Nandnagri, Delhi- 10093and(ii)B-50,SurajmalVihar,VivekVihar,Delhi-110092isimpleaded as Defendant No. 5.

4. The amended Memo of the Parties filed vide Diary No. 8959738/2025 is directed to be taken on record.

5. The Application stands disposed of.

I.A. No. 31091/2025

6. ThisisajointApplicationfiledonbehalfofthePlaintiffandDefendant No. 5 under Order XXIII Rule 3 read with Section 151 of the CPC.

7. The learned Counsel for the Plaintiff submits that during the pendency of the Suit, the Plaintiff entered into a Settlement with Defendant Nos. 2 and

3 on 10.12.2024 and Defendant No. 4 on 19.12.2024.

8. The learned Counsel for the Plaintiff and the learned Counsel for Defendant No. 5 submit that now, the Plaintiff and Defendant No. 5 have amicably arrived at a Settlement on the following Terms:

“A. Defendant No.5 acknowledges the statutory and common law rightsofthePlaintiffintheregistered TradeMarks/Labels/Logosas well as in the unregistered Trade Marks/ Labels/ Logos filed by the Plaintiff as detailed in DOCUMENT-1. The Trade Marks/ Labels/ Logos detailed in DOCUMENT-1 shall hereinafter be referred to as ‘LAHORI Formative Trade Marks’.

B. DefendantNo.5acknowledgesandrecognizesthecommonlaw rights of the Plaintiff in Trade Mark ‘LAHORI’, Trade Mark/Logo ‘LAHORI ZEERA’/ ‘ ’ / ‘ ’ Trade Dress/ Packaging/ Label/ Get Up ‘LAHORI ZEERA’

/ / / /

‘LAHORI’ Formative Trade Marks including the Labels/

Packaging/ Trade Dress containing the word ‘LAHORI’. Defendant No.5 acknowledges that the trade mark ‘LAHORI’ is exclusively associated with the Plaintiff. The images of Plaintiff’s LAHORI ZEERATradeMarks/Logos/TradeDress/Packaging/Label/GetUp are annexed herewith and marked as DOCUMENT-2.

C. DefendantNo.5acknowledgesandrecognizesthatthePlaintiff is the owner of the Copyright in the LAHORI ZEERA Labels

& and LAHORI ZEERA

logo / under The Copyright Act, 1957 and that the Plaintiff is also the owner of the registered label/ artwork bearing copyright registration no. A-

146655/2023.

D. DefendantNo.5acknowledgesandrecognizesthatthePlaintiff istheregisteredproprietorofthedesignoftheLAHORIZEERAbottle

bearing design registration no. 352339-001. The image of Plaintiff’s bottle design is annexed herewith and marked as DOCUMENT-3.

E. Defendant No.5 undertakes not to use, launch, manufacture, sell or offer for sale whether physical or online, import, export, advertise whether in electronic/ social or print media or in events/ meetings such as distributors/ business meets and similar events, market and/or deal in any manner in anygoods / services including butnotlimitedtobeveragesbearingthebearingtheimpugnedmarks/ logos/ labels/ packaging/ trade dress/ cartons ‘LAOREE ZEERA/

' / / ’ or any

other trade marks/ logos/ labels/ packaging/ trade dress/ cartons whichmaybedeceptivelysimilarand/oridenticaltoPlaintiff’sTrade Mark ‘LAHORI’, Trade Mark/Logo ‘LAHORI ZEERA’/ ‘

’/ ‘ ’ Trade Dress/ Packaging/ Label/

Get Up ‘LAHORI ZEERA’ / /

/ and ‘LAHORI’ Formative Trade Marks

including the Labels/ Packaging/ Trade Dress containing the word ‘LAHORE and/or substantial reproduction/colourable reproduction of Plaintiff’s Logo LAHORI ZEERA /

& Label LAHORI ZEERA /

. The images of impugned marks/ logos labels/

packaging/ trade dress/ cartons are a