Delhi High Court – Orders
M/S Virchand Narshi vs Birchand Nassi Cotton Private Limited & … on 19 June, 2026
$~52
* IN THE HIGH COURT OF DELHIAT NEW DELHI
+ CS(COMM) 666/2026
M/S VIRCHAND NARSHI .....Plaintiff
Through: Ms. Shreya Sethi, Mr. Harish Kumar,
& Mr. Anirudh Bhatia, Advs.
versus
BIRCHAND NASSI COTTON PRIVATE LIMITED & ANR
.....Defendants
Through: Nemo.
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN
ORDER
% 19.06.2026
I.A. No.16076/2026 (Exemption from filing clear copies of documents)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 16075/2026 (Extension of time from filing the court fees)
3. This is an application seeking extension of time for filing the Court
fees.
4. List this application with CS (COMM) 666/2026 on 24.08.2026.
I.A. 16077/2026 (to file lengthy list of dates)
5. This is an application seeking permission to file lengthy list of dates.
6. For the reasons stated in the application, the same is allowed. The
Application is disposed of.
I.A. No.16074/2026 (Exemption from pre-litigation Mediation)
7. This is an Application filed by the Plaintiff seeking exemption from
instituting pre-litigation Mediation under Section 12A of the Commercial
Courts Act, 2015 (hereinafter’CC Act‘).
8. As the present matter contemplates urgent interim relief, in light of the
CS (COMM) 666/2026 Page 1 of 14
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 10/07/2026 at 21:06:02
judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023
SCC OnLine SC 1382, exemption from the requirement of pre-institution
Mediation is granted.
9. The Application stands disposed of.
I.A. 16079/2026 (Exemption from advance service to the Defendants)
10. This is an Application filed by the Plaintiff under Section 151 of the
Code of Civil Procedure, 1908 (hereinafter’CPC‘), seeking exemption from
advance service to the Defendants.
11. Learned Counsel for the Plaintiff submitted that there is a real and
imminent likelihood that the Defendants may take immediate steps to dispose
of, conceal or suppress its infringing business operations and digital
footprints.
12. In view of the fact that the Plaintiff have sought an urgent ex-parte
ad-interim injunction along with the appointment of the Local
Commissioners, the exemption from advance service to the Defendants is
granted.
13. The Application is disposed of.
CS (COMM) 666/2026
14. Let the Plaint be registered as a Suit.
15. Issue Summons. Let the Summons be served to the Defendants through
all permissible modes upon filing of the Process Fee.
16. The Summons shall state that the Written Statement(s) shall be filed by
the Defendants within 30 days from the date of the receipt of Summons.
Along with the Written Statement(s), the Defendants shall also file an
Affidavit of Admission / Denial of the documents of the Plaintiff, without
which the Written Statement(s) shall not be taken on record.
CS (COMM) 666/2026 Page 2 of 14
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 10/07/2026 at 21:06:02
17. Liberty is granted to the Plaintiff to file Replication(s), if any, within 30
days from the receipt of the Written Statement(s). Along with the
Replication(s) filed by the Plaintiff, an Affidavit of Admission / Denial of the
documents of Defendants be filed by the Plaintiff, without which the
Replication(s) shall not be taken on record.
18. In case any Party is placing reliance on a document, which is not in
their power and possession, its details and source shall be mentioned in the list
of reliance, which shall also be filed with the pleadings.
19. If any of the Parties wish to seek inspection of any documents, the same
shall be sought and given within the prescribed timelines.
20. List before the learned Joint Registrar on 24.08.2026 for completion of
service and pleadings.
I.A. 16080/2026 (for additional documents)
21. The present Application has been filed on behalf of the Plaintiff under
Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the
CC Act seeking leave to place on record additional documents.
22. The Plaintiff are permitted to file additional documents in accordance
with the provisions of the CC Act and the Delhi High Court (Original Side)
Rules, 2018.
23. Accordingly, the Application stands disposed of.
I.A. No.16073/2026 (U/O XXXIX Rule 1 & 2 of CPC)
24. Issue Notice. Notice be served to the Defendants through all
permissible modes upon filing of the Process Fees.
25. The present Suit has been filed by the Plaintiff inter alia seeking
Ex-Parte Ad Interim Injunction against Defendant Nos. 1 to 2 for
infringement of Plaintiff’s Trade Mark and Trade dress/packaging.
CS (COMM) 666/2026 Page 3 of 14
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 10/07/2026 at 21:06:02
26. The learned Counsel for the Plaintiff’s made the following
submissions:
26.1 The Plaintiff, ‘M/S. VIRCHAND NARSHI’, is a partnership firm
under the provisions of the Indian Partnership Act, 1932.The Plaintiff is the
registered proprietor of the earlier, well-known registered trademark andtrade dress ‘MOHAN BHOG KPASYA KHALI’
which are used in relation to high quality and premium cattle feed throughout
the country.
26.2 The Plaintiff applied for and obtained registration of the following
device mark in India, details of which are reproduced hereinbelow:
26.3 It is stated that the Plaintiff is the prior adopter, user and registered
proprietor of the earlier well-known trademark. The present suit pertains to
the alleged blatant misuse of the said mark by the Defendants, who are stated
to have, through their unscrupulous acts, manufactured, advertised, marketed,
promoted, offered for sale and sold cattle feed bearing the impugned markCS (COMM) 666/2026 Page 4 of 14
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 10/07/2026 at 21:06:02
‘SHUBH MOHAN BHOG KPASYA KHALI’ ,
from the address mentioned in the cause title of the plaint, which is alleged to
be virtually identical to the Plaintiff’s earlier well-known registered
trademark ‘MOHAN BHOG KPASYA KHALI’
, thereby misleading the general public.
26.4 It is stated that the Defendants have adopted the impugned mark by
reproducing the Plaintiff’s earlier well-known registered trademark in its
entirety with the mere addition of the prefix “SHUBH” in small and
inconspicuous letters, which does not diminish the deceptive similarity
between the rival marks. The impugned mark is being used in respect of
identical goods, namely cattle feed, thereby satisfying the triple identity test.
26.5 It is further stated that Defendant No. 2 was the Plaintiff’s distributor
during 2022-2023 and was, therefore, fully aware of the Plaintiff’s rights,
goodwill and reputation in the said mark and trade dress. Defendant No. 2 had
also executed an undertaking dated 28.12.2023, upon cessation of the
distributorship, stating that it would not use the mark ‘MOHAN BHOG’ or
undertake any business relating to the same in the future.
26.6 It is stated that the Defendants have also adopted a trade dress,
CS (COMM) 666/2026 Page 5 of 14
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 10/07/2026 at 21:06:02
packaging, writing style, stylization and get-up which is identical to that of
the Plaintiff. The Defendants are stated to have copied the distinctive features
of the Plaintiff’s trade dress, including the font, writing style, layout and
colour combination.
26.7 It is stated that a comparison of the rival products would show that the
Defendants have copied the distinctive features of the Plaintiff’s product with
the intention of causing confusion and deception in the market and of deriving
benefit from the goodwill and reputation attached to the Plaintiff’s earlier
well-known trademark and trade dress. A comparative table of the rival
products is reproduced hereunder:
PLAINTIFF’S TRADEDRESS/PACKAGING DEFENDANTS’ IMPUGNED
TRADE DRESSCS (COMM) 666/2026 Page 6 of 14
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 10/07/2026 at 21:06:02
PLAINTIFF’S EARLIER, DEFENDANTS’
WELLKNOWN REGISTERED IMPUGNED
TRADEMARK MARKSHUBH MOHAN
MOHAN BHOG KPASYA KHALI BHOGKPASYA KHALI/26.8 It is stated that an online investigation conducted by the Plaintiff
revealed that the Defendants are also advertising, marketing, promoting,CS (COMM) 666/2026 Page 7 of 14
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 10/07/2026 at 21:06:02
offering for sale and selling the impugned products bearing the impugned
mark and packaging through third-party websites and social media platforms,
including www.indiamart.com and www.instagram.com. Select screenshots
from the said websites are reproduced hereinbelow:
26.9 It is further stated that the mala fides of the Defendants are evident
from the fact that Defendant No. 1 has adopted the corporate nameCS (COMM) 666/2026 Page 8 of 14
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 10/07/2026 at 21:06:02
“BIRCHAND NASSI COTTON PRIVATE LIMITED”, which is stated to be
deceptively and/or confusingly similar to the Plaintiff’s corporate name
“M/S. VIRCHAND NARSHI” as well as the corporate name of the Plaintiff’s
sister concern, namely ‘VIRCHAND NARSI COTTON PRIVATE
LIMITED’. It is stated that the Defendants have merely replaced the letter ‘V’
with ‘B’ in ‘VIRCHAND’ and the letter ‘R’ with ‘S’ in ‘NARSI’, which does
not diminish the deceptive similarity between the names. It is submitted that
such adoption has been deliberately undertaken to come as close as possible
to the Plaintiff’s business and to mislead the trade and consuming public into
believing that there exists some association or connection between the
Plaintiff and the Defendants.
26.10 The Plaintiff’s earlier, well-known and registered trademark and trade
dress, as mentioned herein above, have gained enormous reputation and good
will and enjoy the highest and widest degree of statutory protection. Such
actions are also a misappropriation of the goodwill and reputation that vests in
it, which constitutes a violation of Plaintiff’s statutory rights and an
infringement of its registered trademark under Section 29 of The Trade Marks
Act, 1999.
26.11 The Plaintiff claims to be the prior user and registered proprietor of the
well-known trademark and trade dress, and alleges that the Defendants
dishonestly copied the same to mislead consumers and exploit the Plaintiff’s
goodwill. The Defendants’ adoption is stated to be in bad faith, disentitling
them from claiming honest concurrent use under Section 12 of the Trade
Marks Act, 1999. Their acts amount to trademark infringement under Section
29, passing off, unfair competition, and dilution of the Plaintiff’s mark. The
Plaintiff submits that it has a strong prima facie case, that irreparable harm
CS (COMM) 666/2026 Page 9 of 14
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 10/07/2026 at 21:06:02
would be caused to its reputation and goodwill, and that the balance of
convenience lies in its favour, warranting the grant of an interim injunction
restraining the Defendants from using the impugned mark and packaging.
26.12 The material placed on record prima facie establishes the Plaintiff’s
continuous use of the earlier, well-known registered trademark and trade
dress ‘MOHAN BHOG KPASYA KHALI’ in relation to cattle feed. If the
Defendants are permitted to manufacture, market and sell products bearing
the Impugned Mark or any other mark deceptively and/or confusingly similar
to the Plaintiff’s earlier, well-known registered trademark and trade dress, the
same is likely to cause confusion amongst consumers and adversely affect the
goodwill and reputation earned by the Plaintiff over the years.
27. Having considered the submissions advanced by the learned counsel
for the Plaintiff, the pleadings and the documents placed on record, a prima
facie case for ex-parte ad interim injunction has been made out against the
Defendants. Prima facie, the Defendants have adopted the Impugned Mark
and trade dress in respect of identical goods with an intention to ride upon the
goodwill and reputation associated with the Plaintiff’s earlier, well-known
registered trademark and trade dress. Such use is likely to cause confusion
and deception amongst consumers and result in irreparable injury to the
Plaintiff’s goodwill and reputation. Thus, the balance of convenience lies in
favour of the Plaintiff and against the Defendants.
28. Accordingly, till the next date of hearing, the Defendants, their
proprietors, partners, principal officers, servants, distributors, dealers, agents
and all others acting for and on their behalf are restrained from
manufacturing, advertising, marketing, promoting, offering for sale, selling or
dealing in cattle feed under the Impugned Mark ‘SHUBH MOHAN BHOG
CS (COMM) 666/2026 Page 10 of 14
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 10/07/2026 at 21:06:02
KPASYA KHALI’ and/or under the impugned trade dress, packaging,
writing style, stylization and get-up, or any other mark and/or trade dress
deceptively and/or confusingly similar to the Plaintiff’s earlier, well-known
registered trademark and trade dress ‘MOHAN BHOG KPASYA KHAL’,
amounting to infringement of trademark and copyright and/or passing off.
29. Let the Reply to the present Application be filed within four weeks
after service of Notice. Rejoinder thereto, if any, be filed before the next date
of hearing.
30. List before the Roster Bench on 27.08.2026.
I.A. 16078/2026 (for Appointment of Local Commissioners)
31. The present Application has been filed by the Plaintiff under Order
XXVI Rules 9 and 10, and Order XXXIX Rule 7 of the CPC read with
Section 151 of the CPC, seeking appointment of Local Commissioners. The
Court has considered the merits of the Plaintiff’s case and has granted an
ex-parte ad-interim injunction as recorded above in I.A. No.16073/2026
under Order XXXIX Rule 1 & 2 of the CPC.
32. Accordingly, in order to ensure that the injunction is fully complied
with, it is deemed appropriate to appoint Local Commissioners to visit the
Defendants’ premises at the following addresses:
S. No. Particulars Number of Local Commissioners
of Defendants' Address Appointed
1. Defendant no. 1
RAGHAV TRADERS
161, Rana Sanga Bazar, Adv. Garvit Bansal
Chittorgarh, Rajasthan - [Contact No:9205948745]
312001
CS (COMM) 666/2026 Page 11 of 14
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 10/07/2026 at 21:06:02
2. Defendant no. 2
SIDDHARTH TRADING Adv. Abhishek Kumar
CO.
Vaibhav Nagar Road, [Contact No:9818944043]
Mavli District Udaipur,
Rajasthan - 313203
33. The mandate of the learned Local Commissioners is as under:
33.1. The learned Local Commissioners shall visit the premises of the
Defendants as per the above table, to inspect and seize any products, whether
fully or semi-manufactured, bearing the Plaintiff’s Mark ‘MOHAN BHOG
KPASYA KHALI’ or any other mark which is identical or deceptively
similar to the Plaintiff’s Mark ‘MOHAN BHOG KPASYA KHALI’.
33.2. The Local Commissioners shall visit the aforesaid premises and any
other premises of the Defendants identified by the representatives of the
Plaintiff and carry out inspection and, upon finding any goods, i.e., cattle
feed, under the impugned trade dress/packaging, prepare inventories and
thereafter seize and take into custody the said goods (finished and unfinished)
and any packaging and promotional material bearing the impugned mark. The
Local Commissioners shall also inspect and seize the books of accounts,
ledgers and stock registers relating to the sale of the said goods.
CS (COMM) 666/2026 Page 12 of 14
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 10/07/2026 at 21:06:02
33.3. Local Commissioners shall make an inventory of the products bearing
the impugned trade dress/packaging and/or any other deceptively similar
trade dress/packaging to the plaintiff’s packaging along with any
marketing/packaging material, labels, brochures, advertisements, etc. thereof
and provide a copy of the same to the representative of the plaintiff’s;
33.4. If knowledge is acquired of any other premises than the aforesaid
premise, where the infringing product could be stored or services can be
provided from, the Local Commissioners free to record the same and then
visit the other premises and conduct a seizure there as well; Local
Commissioners permitted to take photographs/videos of the impugned
materials, products bearing the impugned designs, and the defendants’
premises so visited;
33.5. Local Commissioners shall seize any and all products/materials,
stationery, goods, books of accounts etc., bearing the impugned
trademark/trade dress/packaging, procured at the premises of the defendants
and release it on superdari to the representatives of the defendants, with an
undertaking that they will not be disposed of except under orders of this
Court;
33.6. Local Commissioners shall inspect and make copies of the account
books/ledgers/cash books, bill books, sale records, invoices and all other
relevant documents (whether maintained as physical copies or e-records)
discovered from the premises mentioned herein above;
33.7. Local Commissioners are also permitted to break open the locks in case
of resistance by the defendants and seek police assistance, if necessary;
33.8. To ensure unhindered and effective execution of the Commission, the
Station House Officer (SHO) or the Police Officer Concerned of the local
CS (COMM) 666/2026 Page 13 of 14
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 10/07/2026 at 21:06:02
police station within whose jurisdiction the premises of defendants lie, is
directed to render all necessary assistance and protection to the Local
Commissioners, if and when sought;
33.9. The Local Commissioners, while executing the Commission, shall
ensure that there is no disruption to the business of the defendants, except for
the purposes of the execution of the Commission. The Commission shall be
executed in a peaceful manner;
34. The fee of the learned Local Commissioners is fixed at ₹2,00,000/-
each, exclusive of out-of-pocket expenses, travel, lodging etc. All the
aforesaid expenses shall be borne by the Plaintiff and paid in advance to the
learned Local Commissioners named hereinabove.
35. The Commission shall be executed within a period of two weeks, and
the report of the learned Local Commissioners shall be filed within a period of
two weeks thereafter.
36. Compliance of Order XXXIX Rule 3 of CPC shall be done within two
weeks after the execution of the Commission.
37. The learned Local Commissioners shall carry the certified copy of this
Order for the execution of the Commission and a copy of the same shall be
served upon the Defendants by the learned Local Commissioners at the time
of the execution of the Commission.
38. It is directed that this Order shall not be uploaded on the Court’s
website until the execution of the Commissions are completed, to enable
effective execution thereof.
39. The Application stands disposed of.
MADHU JAIN, J.
(VACATION JUDGE)
JUNE 19, 2026/prg/rm
CS (COMM) 666/2026 Page 14 of 14
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 10/07/2026 at 21:06:02
