Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Del) 4263

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
SWAMI RAMDEV VS. JOHN DOE (S) AND ORS
CS(COMM) 154/2026

Advocates:
For the Appellants/Petitioners: Mr. Peeyoosh Kalra, Mr. C.A. Brijesh, Mr. Ritwik Sharma
For the Respondents: Mr. Mrinal Ojha, Mr. Debarshi Dutta, Mr. Arjun Mokerjee for D-7; Ms. Manisha Agarwal Narain, Mr. Nipun Jain for D-16/UoI/DoT

The court granted an ex parte ad interim injunction restraining defendants from infringing the plaintiff's registered trademarks and passing off their services, based on a strong prima facie case, balance of convenience, and risk of irreparable harm.

Headnote:(A) Commercial Courts Act, 2015 - Section 12-A - Pre-institution mediation exemption - Urgent relief - Exemption granted in light of Supreme Court and Division Bench judgments. (Paras 6-8)

(B) Trade Marks Act, 1999 - Infringement and passing off - Plaintiffs are registered proprietors of TATA and TATA POWER family of marks used in solar energy solutions - Defendants No.1-5, through impugned domain names, mobile numbers, and forged documents, were fraudulently using plaintiffs' trademarks and representing themselves as employees/dealers - Prima facie case, balance of convenience, and irreparable injury in favour of plaintiffs - Ex parte ad interim injunction granted restraining defendants from using plaintiffs' marks. (Paras 27-36)

Facts of the case:
The plaintiffs, Tata Power Renewable Energy Limited and Tata Sons Private Limited, filed a suit against defendants for infringement and passing off of their registered trademarks TATA, TATA POWER, TATA POWER SOLAROOF and formative marks. Plaintiffs alleged that defendants No.1-5 were impersonating them through fraudulent domain names, mobile numbers, and fabricated documents to deceive innocent consumers and extract money. Several complaints were received from victims.

Findings of Court:
The court found prima facie evidence of infringement and passing off. It noted the high reputation and distinctiveness of the TATA marks and the extensive use and revenue generated under the TATA POWER SOLAR brand.

Issues: Whether the plaintiffs made out a prima facie case for ex parte ad interim injunction against defendants who were fraudulently using their trademarks and impersonating them.

Ratio Decidendi: The court held that where registered proprietors of well-known trademarks demonstrate prima facie unauthorized use by defendants, with evidence of fraudulent impersonation and financial deception, an ex parte ad interim injunction is warranted to prevent irreparable harm.

Result: Ex parte ad interim injunction granted. Defendants restrained from using plaintiffs' trademarks. Domain names to be blocked, mobile numbers to be blocked, bank accounts frozen, and details to be provided. Matter listed for further hearing.

Table of Content
1. application for extension of time to file court fees allowed. (Para 1 , 2 , 3)
2. exemption from advance service on defendant no.5 granted. (Para 4 , 5)
3. pre-institution mediation exemption granted due to urgent relief sought. (Para 6 , 7 , 8)
4. suit registered; summons issued; timelines for pleadings fixed. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
5. notice issued on injunction application; replies directed. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26)
6. plaintiffs' background, trademark registrations, and defendants' fraudulent activities described. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33)
7. plaintiffs' submissions: infringement and passing off by defendants. (Para 34)
8. prima facie case, balance of convenience and irreparable injury in favour of plaintiffs. (Para 35)
9. ex parte ad interim injunction and directions for blocking domain names, mobile numbers, bank accounts, and compliance. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44)

I.A 4376/2026 (u/S 149 r/w Section 151 CPC)

1. This application is filed on behalf of the Plaintiffs seeking extension of time for filing the court fees.

2. For the reasons stated in the application, the same is allowed, permitting the Plaintiffs to file requisite court fees within 10 days from today.

3. Application stands disposed of.

I.A. 4377/2026 (u/S 151 CPC)

4. This application is filed on behalf of the Plaintiffs seeking exemption from effecting advance service of the suit and allied applications on Defendant No. 5.

5. For the reasons stated in the application, the same is allowed and disposed of.

I.A. 4378/2026 (for pre-institution mediation)

6. This application is filed on behalf of the Plaintiffs under Section 12-A of the Commercial Courts Act, 2015 r/w Section 151 CPC seeking exemption from Pre-Institution Mediation.

7. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi , (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd. , 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiffs from Pre-Institution Mediation.

8. Application is allowed and disposed of.

I.A. 4379/2026 (u/S 151 CPC)

9. List before Court on 20.04.2026.

CS(COMM) 154/2026

10. Let plaint be registered as a suit.

11. Mr. Mrinal Ojha, learned counsel accepts summons on behalf of Defendant No. 7.

12. Ms. Manisha Agarwal Narain, CGSC accepts summons on behalf of Defendant No. 16.

13. Written statements be filed by Defendants No. 7 and 16 within 30 days along with affidavits of admission/denial of the documents filed by the Plaintiffs.

14. It will be open to the Plaintiffs to file replications within 30 days from receipt of the written statements along with affidavits of admission/denial of documents filed by Defendants No. 7 and 16.

15. Upon filing of process fee, issue summons to the remaining Defendants through all permissible modes, returnable before the learned Joint Registrar on 12.03.2026.

16. Summons shall state that the written statements shall be filed by the said Defendants within 30 days from the receipt of summons along with affidavits of admission/denial of the documents filed by the Plaintiffs.

17. It will be open to the Plaintiffs to file replications within 30 days from the date of receipt of written statements along with affidavits of admission/ denial of documents filed by the said Defendants.

18. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.

19. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.

I.A. 4375/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)

20. This application is filed on behalf of the Plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim injunction.

21. Issue notice.

22. Mr. Mrinal Ojha,

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2026 Supreme(Online)(Del) 4263

IN THE HIGH COURT OF DELHI AT NEW DELHIJyoti Singh, JSWAMI RAMDEV VS. JOHN DOE (S) AND ORSCS(COMM) 154/2026

The court granted an ex parte ad interim injunction restraining defendants from infringing the plaintiff's registered trademarks and passing off their services, based on a strong prima facie case, balance of convenience, and risk of irreparable harm.

Cases Referred (1)

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
SWAMI RAMDEV VS. JOHN DOE (S) AND ORS
CS(COMM) 154/2026