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2025 Supreme(Online)(Del) 46629

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J
Borsad Tobacco Company Private Limited – Appellant
Versus
S T Products – Respondent
CS(COMM) 1425/2025 | I.A. 32793/2025 | I.A. 32794/2025 | I.A. 32795/2025 | I.A. 32796/2025



Advocates:
For the Appellants/Petitioners: Jaya Negi, Yashi Agrawal
For the Respondents: None

The court granted an ex-parte ad-interim injunction against the defendant for using a mark ('PUSHPA') deceptively similar to the plaintiff's registered mark ('PUSHPARAJ') for identical products, finding a prima facie case of trademark infringement and passing off.

Headnote:(A) Trade Mark Infringement and Passing Off - Deceptive Similarity - Where the defendant uses a mark ('PUSHPA') that is phonetically and visually similar to a registered mark ('PUSHPARAJ') for identical goods (chewing tobacco) sold via same trade channels, it constitutes a prima facie case of infringement and passing off. (Para 29, 30)

(B) Pre-Institution Mediation - Exemption - Exemption from the mandatory pre-institution mediation under Section 12A of the Commercial Courts Act may be granted where the suit contemplates urgent interim relief. (Para 10)

Issues: Whether the use of the mark 'PUSHPA' by the defendant is deceptively similar to the plaintiff's registered mark 'PUSHPARAJ' warranting an interim injunction.

I.A. 32794/2025(seeking leave to file additional documents)

1. This is an application 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’)] read with Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], within thirty (30) days.

2. The Plaintiff, if it wishes to file additional documents will file the same within thirty (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’).

3. For the reasons stated in the application, the same is allowed.

4. Accordingly, the application is disposed of.

I.A. 32795/2025(seeking exemption from filing legible/ typed copies of documents)

5. This is an application under section 151 CPC, seeking exemption from filing legible/typed copies of dim/illegible documents.

6. Subject to the Plaintiff filing legible/typed copies within a period of 30 days from today, exemption is granted for the present, failing which the Plaintiff will not be entitled to rely upon these documents.

7. In addition, the Plaintiff is directed to e-file fresh coloured copies [with high resolution] of the Plaintiff’s trade dresses and Defendant’s impugned trade dress.

8. The application is disposed of.

I.A. 32796/2025(seeking exemption from institution of pre-litigation mediation)

9. This is an application filed under Section 151 CPC and under Section 12A of the Commercial Courts Act, 2015 seeking exemption from institution of pre-litigation mediation.

10. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi , ((2024) 5 SCC 815), exemption from the requirement of pre institution mediation is granted to the Plaintiff.

11. Accordingly, the application stands disposed of.

CS(COMM) 1425/2025

12. The present suit has been filed for seeking permanent injunction restraining infringement of trademark, copyright, passing off and other ancillary rights against the Defendant.

13. Let the plaint be registered as a suit.

14. Summons be issued to Defendant by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.

15. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The Defendant shall also file affidavit of admission/denial of the documents filed by the Plaintiff, failing which the written statement shall not be taken on record.

16. The Plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by Defendant, failing which the replication shall not be taken on record.

17. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

18. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

19. List before the learned Joint Registrar (J) on 19.02.2026.

20. List before Court on 22.05.2026.

I.A. 32793/2025(under Order XXXIX Rule 1 and 2 CPC)

21. This is an application filed under Order XXXIX, Rules 1 and 2 read with Section 151 CPC seeking interim injunction against the Defendant.

22. Ms. Jaya Negi, learned counsel for the Plaintiff has set up the case of the Plaintiff as follows:

22.1 The Plaintiff is engaged in the business of sourcing and procuring and selling premium-grade tobacco. Plaintiff sells its products i.e., chewing tobacco under the trademark ‘PUSHPARAJ’ along with its Hindi Transliteration ‘पुष्पराज’ which was adopted in the year 2018 and has a wordmark registration for ‘PUSHPARAJ’ under Registration number 3964230 in Class 34. Details of the trademarks registrat

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