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2025 Supreme(Online)(Del) 46812

IN THE HIGH COURT OF DELHI AT NEW DELHI
EL BAIK FOOD SYSTEMS CO SA VS. ARSALAN WAHID GILKAR & ANR.
CS(COMM) 308/2025



##PAGE1##

$~36

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 308/2025

GLANBIA PERFORMANCE NUTRATION LIMITED .....Plaintiff

Through: Mr. I.S. Alagh, Senior Advocate with

Mr. Raunak Singh, Mr. Kamlendra

Singh, Ms. Anukriti Kudeshia and

Mr. Anubhav, Advocates.

versus

ASHOK KUMAR / JOHN DOE AND OTHERS .....Defendants

Through: Mr. Sumit Chander, Advocate for

D-1.

Mr. Rishub Kapoor, Advocate for D-2

to D-4.

Mr. Sandeep Malik, Advocate.

Mr. Abhishek Singh, Advocate for

D-6A

Ms. Priya Goyal, Mr. Aakash Deep

Singh, Ms. Aakriti Gupta and Mr. V.

Jain, Advocates for D-8.

Ms. Shivani Choudhary, Advocate for

D-9A

Mr Sumit Nagpal, SPC with Arnav

Mittal, GP for D-12 and D-13.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 23.12.2025

I.A. 32532/2025

1. This is an Application filed on behalf of the Plaintiff under Order VI

Rule 17 read with Section 151 of the Code of Civil Procedure, 1908

(“CPC”) seeking amendment of the present Suit.

CS(COMM)308/2025 Page1of

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 23:10:36

##PAGE2##

2. Issue Notice. The learned Counsel for the Defendants accept Notice.

3. Let the Reply to this Application be filed within a period of four

weeks. Rejoinder thereto, if any, be filed within a period of two weeks

thereafter.

4. List on 24.02.2026 before the learned Joint Registrar (Judicial), the

date already fixed for completion of pleadings and service.

I.A. 32530/2025 (U/O XXXIX R-1 & 2 of the CPC)

5. This is an Application filed on behalf of the Plaintiff under Order

XXXIX Rules 1 and 2 read with Section 151 of the CPC.

6. Issue Notice. The learned Counsel for the Defendants accept Notice.

7. The learned Counsel for Defendant Nos. 2 to 7 submits that

Defendant Nos. 2 to 7 do not have objection if the Prayer as sought in

Paragraph 19(a) of this Application is granted.

8. Accordingly, till the next date of hearing, Defendant Nos. 1 to 7, their

proprietors, partners, directors, affiliates, franchisees, officers, servants,

agents, its group of companies, subsidiaries, representatives and anyone

acting for or on their behalf are restrained from reproducing, storing, selling

under the name of, offering for sale under the name of, communicating to

the public or in any manner whatsoever using, the Plaintiff’s name, its ON

Trade Marks (qua which injunctive reliefs were granted vide the interim

order dated 07.04.2025) as well as any of the BSN Trade Marks, viz. ‘BSN’

(Registration No.: 1958449 and Registration No.: 5435354), ‘BSN Logo’

(Registration No.: 1958450 and Registration No.: 5435355), ‘FINISH

FIRST’ (Registration No.: 1959829) and ‘SYNTHA-6’ (Registration No.:

1971323) and / or its logo(s) and / or any name / Mark confusingly or

CS(COMM)308/2025 Page2of

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 23:10:36

##PAGE3##

deceptively similar thereto, in relation to dietary and nutritional

supplements, in any manner including through the offline stores / websites /

webpages and third-party websites, or doing any other act amounting to

infringement of the Plaintiff’s ‘BSN’ Trade Marks.

9. Let the Reply to this Application be filed within a period of four

weeks. Rejoinder thereto, if any, be filed within a period of two weeks

thereafter.

10. List on 24.02.2026 before the learned Joint Registrar (Judicial), the

date already fixed for completion of pleadings and service.

TEJAS KARIA, J

DECEMBER 23, 2025

ap

CS(COMM)308/2025 Page3of

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 23:10:36

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