$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1375/2025 CAPITAL FOODS PRIVATE LIMITED .....Plaintiff Through: Mr. Dhruv Anand, Mr. Rohil Bansal and Mr. Chirayu Prahlad, Advocates.

versus TAPOVAN FOODS PRIVATE LIMITED .....Defendant Through: Mr. Amit Tomar, Advocate.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 18.02.2026 I.A. 4512/2026(under Order XXIII Rule 3 CPC)

1. This is a joint settlement application filed under Order XXIII Rule 3 read with Section 151 Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’), on behalf of the plaintiff and defendant.

2. Learned counsel for the parties submit that the parties were able to amicably resolve their disputes out of Court and have been able to reduce the terms of settlement into writing which is recorded in para 4 of the present application.

3. The said para 4 is reproduced hereunder:

“4. That, with a view to avoid further litigation and in the interest of an amicable resolution, the Parties have decided to mutually resolve the present dispute as per the settlement terms set out hereinafter:

a. The Defendant acknowledges the Plaintiff to be the sole proprietor of the registered trademark and brand SCHEZWAN CHUTNEY and also of the artworks associated with the unique, peculiar and distinctive packaging of its said SCHEZWAN CHUTNEY branded products as given in paragraph 2 hereinabove.

b. That going forward, the Defendant undertakes to never use the mark SCHEZWAN SPICY CHUTNEY and / or the Plaintiff’s registered trademark / brand SCHEZWAN CHUTNEY or to adopt any other mark / brand / packaging that may be deceptively similar to the Plaintiff’s IP in any form or manner; and c. That the Defendant states that they have not obtained any registration(s) or applied for registering the artwork associated with the packaging of its impugned products and / or the trade mark SCHEZWAN SPICY CHUTNEY and / or any other trade mark(s) which may be deceptively similar to or identical with the Plaintiff’s IP before the Indian Trade Marks Office or any other authority; and d. That going forward, the Defendant undertakes not to obtain any registration(s) or apply for registering the artwork associated with the packaging of its impugned products and / or the trade mark SCHEZWAN SPICY CHUTNEY and / or any other trade mark(s) which may be deceptively similar to or identical with the Plaintiff’s IP before the Indian Trade Marks Office or any other authority; and e. The Defendant undertakes to remove all references to the trade mark SCHEZWAN CHUTNEY / SCHEZWAN SPICY CHUTNEY, including the impugned products which are mentioned in paragraph no. 3 hereinabove, from all online / offline platforms before signing the present settlement agreement; and f. The plaintiff shall have no issue with use of standalone word/expression “SCHEZWAN” or standalone word/expression “CHUTNEY” by the defendant in any form, but the Defendant shall in no case use or attempt to use the mark “SCHEZWAN CHUTNEY” Or any permutation / combination of the words “SCHEZWAN” and “CHUTNEY” on the packaging of their products.

g. The Defendant agrees to suffer a decree of permanent injunction in terms of prayer paragraph no. 93 (a), (b), (c) and (d) of the Plaint, which are also culled out hereinbelow.

“ PRAYER

93. In light of the foregoing, it is most respectfully prayed that this Hon’ble Court may be pleased to issue:

a. An order of permanent injunction restraining the Defendant, their agents, suppliers and distributors, directors, employees and all others acting for and on their behalf from directly or indirectly dealing in any products / services bearing the marks SCHEZWAN CHUTNEY and / or SCHEZWAN SPICY CHUTNEY and / or from using any other mark that may be deceptively similar to the Plaintiff’s registered and well-known trademark SCHEZWAN CHUTNEY, amounting to infringement of the Plaintiff’s registered trademark SCHEZWAN CHUTNEY bearing number 2431851; and b. An order of permanent injunction restraining the Defendant, the