* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28/02/2026 + CS(COMM) 983/2024 BRITANNIA INDUSTRIES LTD .....Plaintiff versus DESI BITES SNACKS P LTD & ORS. .....Defendants Advocates who appeared in this case For the Plaintiff : Mr. Sachin Gupta, Mr. Rohit Pradhan, Mr.

Adarsh Agarwal, Ms. Prashansa Singh, Ms. Mahima Chanchalani, Ms. Diksha and Mr.

Ajay Kumar, Advocates.

For the Defendants : Mr. Sudeep Chatterjee, Mr. Kunal Vats and Mr. Sanyam Suri, Advocates for D1 & 2.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

JUDGMENT

TEJAS KARIA, J CRL.M.A. 12448/2025 (for initiation of perjury proceedings against the Plaintiff and Accused No. 2) / I.A. 8021/2025(U/O VI Rule 17 of the CPC) / I.A. 8053/2025(U/O I Rule 10 of the CPC)

1. I.A. 8021/2025 is an application filed by the Plaintiff under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking amendment of the Plaint and I.A. 8053/2025 is an application filed by the Plaintiff under Order I Rule 10 of the CPC seeking impleadment of M/s Jai Food Products and Mr. Roop Chand Agarwal as Defendant Nos. 4 and 5 in the present Suit.

2. CRL.M.A. 12448/2025 is an application filed by Defendant Nos. 1 and 2 under Section 379 read with Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking initiation of the perjury proceedings against Mr. Omar Waziri and the Plaintiff.

FACTUALBACKGROUNDANDPROCEDURALHISTORY:

3. The present Suit has been filed by the Plaintiff against the Defendants seeking permanent injunction restraining the Defendants from dealing in confectionary / sweetmeats / food products, namely soan papdi, under the Mark ‘GOOD DAY’(“Subject Mark”).

4. The Plaintiff filed I.A. 44302/2024 under Order XXXIX Rules 1 and 2 oftheCPCseekinginteriminjunctionrestrainingtheDefendantsfromdealing in confectionary / sweetmeats / food products, namely soan papdi, under the Subject Mark. Vide order dated 07.11.2024, this Court granted ex-parte ad- interim injunction in favour of the Plaintiff, restraining the Defendants from dealing in confectionary / sweetmeats / food products including but not limited to papad or any other product under the Subject Mark.

5. Thereafter, the Defendants filed I.A. 4348/2025 under Section XXXIX Rules3and4oftheCPCforvacatingtheex-partead-interiminjunctionorder dated 07.11.2024 passed by this Court. Vide order dated 18.02.2025, the ex- parte injunction order passed by this Court on 07.11.2024 was vacated with the consent of the Parties. Further, the matter was referred to the Delhi High Court Mediation and Conciliation Centre for Mediation with the consent of the Parties.

6. The Plaintiff, thereafter, filed I.A. 8053/2025 under Order I Rule 10 of the CPCseeking impleadment of M/s Jai Food Products and Mr. Roop Chand Agarwal as Defendant Nos. 4 and 5 respectively, and I.A. 8021/2025 under Order VI Rule 17 of the CPC seeking amendment of the Plaint. Vide order dated 16.04.2025, this Court issued Notice in both the aforesaidApplications filed by the Plaintiff.

7. Defendant Nos. 1 and 2 filed CRL.M.A 12448/2025 for initiation of perjury proceedings under Section 379 read with Section 215 of the BNSS. Vide order dated 25.04.2025, this Court issued Notice in the saidApplication. 8. Vide order dated 21.11.2025, after hearing the Parties, this Court reserved the order in theseApplications.

SUBMISSIONSONBEHALFOFTHEDEFENDANTS:

9. The learned Counsel for the Defendants made the following submissions:

9.1. The object and purpose of the Statement of Truth, as introduced by way of the Commercial CourtsAct, 2015 with corresponding amendments in CPC, is to ensure that the averments/statements made by the Parties, in their respective pleadings, are gospel truth. This is evident from the parliamentary debate held in respect of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015, wherein it has been duly incorporated that any incorrect/untrue statements made in the pleadings or in th