CM APPL. 16587/2026 (Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 23278/2026 (For condonation of delay)

3. For the reasons stated in the application, the delay of 57 days in re filing the appeal is condoned.

4. The application stands disposed of.

RFA(COMM) 149/2026 & CM APPL. 16586/2026

5. This appeal has been filed under Section 13 of the Commercial Courts Act, read with Order XLI of the Code of Civil Procedure, 1908 [‘CPC’], against the judgment and decree dated 28.10.2025 [‘impugned judgment’] passed by the District Judge (Commercial Court) in CS(COMM) 184/2023.

FACTUAL MATRIX

6. Respondent No. 1 is engaged in providing ready-to-work opportunities to army personnel in various fields for running stores by the name of ‘Ardh Sainik Canteen’ since 2015. Respondent No. 2 is the proprietor and has a registration for the device mark bearing TM No. 5188201. It is stated that the words ‘Ardh Sainik Canteen’ are the dominant feature of this device mark.

6.1. It is stated that the Appellant and his father had approached the Respondents in June 2022 for obtaining a franchise from the Respondents for running and operating