* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10.03.2026 Judgment delivered on: 16.03.2026 CS(COMM) 209/2023 MAHINDRA AND MAHINDRA LIMITED & ANR .....Plaintiffs versus DIKSHA SHARMA PROPRIETOR OF MAHIDNRA PACKERS MOVERS & ORS. .....Defendants Advocates who appeared in this case:

For the Plaintiffs: Mr. Vishal Nagpal, Ms. Suhrita Majumdar, Mr.

Debjyoti Sarkar and Mr. Bal Krishan Singh, Advocates.

For the Defendants: Ms. Shivani Choudhary, Advocate for D-5.

Mr. Aditya Mathur and Ms. Anuparna Chatterjee, Advocates for D-6.

Mr. Satya Ranjan Swain, CGSC with Mr. Kautilya Birat, Advocate for D-9/DOT.

J U D G M E N T

TUSHAR RAO GEDELA, J.

1. The present suit has been instituted by the plaintiffs seeking the following prayers:-

“a) A decree of permanent injunction restraining the Defendants, their partners, proprietors, servants, agents, distributors, marketers, suppliers and all others in active concert or participation with them from operating its business, selling, offering for sale, advertising, providing its services directly or indirectly, under the trade mark/ trading name/ domain name using the Plaintiffs’ trade mark MAHINDRA and/or any other mark / name deceptively similar to the Plaintiffs’ registered trade marks MAHINDRA resulting in the infringement of the Plaintiffs’ rights in the well-known registered trade marks;

b) A decree of permanent injunction restraining the Defendants, their partners, proprietors, servants, agents, distributors, marketers, suppliers and all others in active concert or participation with them from operating its business, selling, offering for sale, advertising, providing its services directly or indirectly, under the trade mark/ trading name/ domain name using the Plaintiffs’ trade mark MAHINDRA and/or any other mark / name deceptively similar to the Plaintiffs’ registered trade marks MAHINDRA so as to suggest association between the Defendants and Plaintiffs resulting in the passing off of the Plaintiffs’ rights in the well-known trade mark MAHINDRA;

c) A decree of mandatory injunction against Defendant No. 5, 7 & 8 to block/suspend the Infringing domain names;

i. www.mahindrapackers.com ii. www.mahindrapackers.in iii. www.mahindrapackersmovers.com iv. www.mahindrapackersandmovers.com v. www.mahindrapackersandmovers.in vi. Any other domain name which contains Plaintiff’s registered trade mark MAHINDRA as may be included as per leave and directions of the present Hon’ble Court.

d) A decree of mandatory injunction against the Defendant No.9 to: i. Issue directions to DNR’s/Internet Service Licensee’s for blocking domain names as listed in prayer (c), and ii. Issue directions to DNR’s/Internet Service Licensee’s to intimate Plaintiffs wherever a domain name which contains Plaintiffs “MAHINDRA” trademark is registered;

e) A decree of mandatory injunction against the Defendant No.6 to delist any listings pertaining to the infringing domain names as listed in prayer (c);

f) A sum of ₹2,00,02,000/- as a decree of damages as valued for the purposes of this suit, or such amount as may be ascertained in the present suit to be paid by the Defendants, jointly or severally, on account of violation of the Plaintiffs' rights;

g) An order to the Defendants, its directors, group company, associates, assignee in business, licensees, franchises, dealers, proprietors, affiliates, distributors, agents etc. for rendition of accounts of the business generated, transactions carried out, sale revenues accrued and the profits made from its business under the trade mark/ trading name/ domain name violating the Plaintiffs’

rights in the well-known trade mark MAHINDRA;

h) An order as to the costs of the present proceedings;

i) Any further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interests of justice.”

2. It is stated that plaintiff no.1 is the flagship company of Mahindra Group, founded in the year 1945, and claims to have been carrying on business under th