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2026 Supreme(Online)(Del) 13185

IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Manmeet Pritam Singh Arora, JJ
PRAKASH CHAND ((THROUGH LEGAL HEIR VEER SAIN SAGAR) VS. ROHTASH KUMAR (THROUGH LEGAL HEIR ASHOK KUMAR)
FAO (COMM) 155/2026 | CM APPL. 36635-36636/2026



Advocates:
For the Appellants/Petitioners: Sudhir Nandrajog, HS Kohli, Rishika Jain, Mannat Kohli, Yash Kadyan, Manoj Arora
For the Respondents: None

The court issued notice to respondents in an appeal against a trademark injunction after the appellant expressed willingness to change its institutional name to comply with the injunction while ensuring academic admissions could proceed.

Headnote:The appeal involves an order passed under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908, where the lower court refused to vacate an interim injunction restraining the appellant from using registered marks including 'DAYANAND ANGLOVEDIC' and the acronym 'D.A.V'. The appellant, an educational institute affiliated with a university and approved by the All India Council for Technical Education, sought relief to conduct admissions for the 2026-2027 academic year. The primary issue is whether the interim injunction should be modified to allow the appellant to proceed with admissions. The appellant submitted a willingness to change the name of the institute to avoid the use of the disputed acronym and to seek acceptance of this change from the affiliating university. we deem it appropriate to issue notice to the Respondents through all modes, returnable on 02.07.2026.

##PAGE1##

$~21

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO (COMM) 155/2026 CM APPL. 36635-36636/2026

MR DAV INSTITUTE .....Appellant

Through: Mr. Sudhir Nandrajog, Sr. Adv. with

Mr. HS Kohli, Ms. Rishika Jain, Ms.

Mannat Kohli, Mr. Yash Kadyan and

Mr. Manoj Arora, Advs.

versus

DAYANAND ANGLO-VEDIC COLLEGE TRUST AND

MANAGEMENT SOCIETY & ANR. .....Respondents

Through: None

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 26.05.2026

CM APPL. 36636/2026 (seeking exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

FAO (COMM) 155/2026

3. The present appeal lays a challenge to the order dated 17.03.2026

whereby the learned District Judge (Commercial Court)-04, Central District,

Delhi dismissed the application I.A. No. 2/2026 filed by the

Appellant/defendant herein under Order XXXIX Rule 4 of the Code of Civil

Procedure, 1908 [‘CPC’] in CS(COMM) No. 140/2026 titled as Dayanand

Anglo-Vedic College Trust & Management Society & Anr. v. MR DAV

Institute and declined to vacate the interim order dated 03.02.2026

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 27/06/2026 at 07:50:17

##PAGE2##

restraining the Appellant from infringing the Respondent’s registered marks

‘DAYANAND ANGLOVEDIC’, the acronym ‘D.A.V’ and the logo

or any of its derivatives in any similar or deceptively similar

manner. The Appellant’s use of the trademark/wordmark ‘MR DAV

INSTITUTE OF MANAGEMENT STUDIES’ stands consequently

injuncted.

4. We have heard Mr. Sudhir Nandrajog, learned senior counsel

appearing for the Appellant. The submission of Mr. Nandrajog is that the

Appellant Institute primarily conducts different courses such as MBA,

Masters in Computer Applications, BBA, BCA which are recognised by the

All India Council for Technical Education (AICTE) and the Institute is

affiliated with the, Maharshi Dayanand University Rohtak.

5. He submits that the AICTE has approved the courses in the month of

November-December for the next academic year 2026-2027. He also

submits that pursuant to the approval granted by the AICTE, the Appellant is

required to undertake the admissions for the aforesaid courses in the month

of June, of the calander year, as the academic year starts in the month of

July.

6. He also states that pending issuance of notice to the Respondents and

hearing of the appeal, the Appellant herein, without prejudice to its rights

and contentions in the appeal, is ready and willing to implement the order

passed by the learned District Judge on 17.03.2026 inasmuch as the AICTE

can consider the request of the Appellant herein to undertake the admissions

with change of name, inasmuch as the Appellant shall not use the acronym

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 27/06/2026 at 07:50:17

##PAGE3##

‘DAV’.

7. He states the appellant shall change the name of the Institute and start

the admissions for the academic year either as ‘MR INSTITUTE OF

MANAGEMENT STUDIES’ or any other name, without using acronym

DAV.

8. He also states that in this regard, the appellant also intends to

approach the Maharshi Dayanand University, Rohtak (MDU) for acceptance

of name change, as the Appellant is affiliated to the said University, so as to

convey to them that the Appellant institute intends to undertake the

admissions in the manner submitted by him by changing the name.

9. If that be so, we deem it appropriate to issue notice to the

Respondents through all modes, returnable on 02.07.2026.

10. A copy of this order be given dasti under the signatures of the Court

Master.

V. KAMESWAR RAO, J

MANMEET PRITAM SINGH ARORA, J

MAY 26, 2026/msh/IB

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal

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