Research › Search › Judgment

High Court of Delhi · body

2025 DAILYLAW 2214 (DEL)

ARCHIAN FOODS PRIVATE LIMITED v. DEEP WATERS & ORS.

CS(COMM)/238/2025 · 2026-03-03

Jyoti Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 238/2025 $~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 238/2025 & I.A. 6995/2025 ARCHIAN FOODS PRIVATE LIMITED .....Plaintiff Through: Mr. Nikhil Sonker and Mr. Shivendra Pratap Singh, Advocates. versus DEEP WATERS & ORS. .....Defendants Through: Mr. Lalltaksh Joshi and Ms. Minu Kumari, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 25.04.2026 1. Matter is taken up today as 03.03.2026 was declared holiday vide Notification No. 64/G-4/Genl.-I/DHC dated 27.02.2026. 2. This suit is instituted on behalf of the Plaintiff inter alia seeking a decree of permanent injunction restraining the Defendants and all others acting on their behalf from using, soliciting, manufacturing, selling, offering for sale, importing, exporting and advertising in any manner, including on the internet and e-commerce platform and/or directly or indirectly dealing in impugned goods being ‘flavored/non-flavoured non-alcoholic beverages drinks/ beverages, soft drinks and beverages including soda and other carbonated drinks’ and/or any other cognate and allied goods under the impugned mark/logo LAHORI ZEERA or any other marks/logos that may be identical or deceptively similar to Plaintiff’s ‘LAHORI’ formative trade marks amounting to infringement of Plaintiff’s trade marks bearing Nos. 3501393, 3260534, 4673809, 4673811, 4673808, 4673810, 5582577, 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 30/04/2026 at 12:49:25 CS(COMM) 238/2025 5139075, 5139073, 5836247 and 5836197. 3. By order dated 19.03.2025, ex parte ad interim injunction was granted in favour of the Plaintiff and against the Defendants which is continued till date. During the pendency of the suit parties were referred for mediation before the Delhi High Court Mediation and Conciliation Centre, where they have amicably resolved their inter se disputes and executed a Settlement Agreement dated 19.02.2026, incorporating the terms of settlement which also includes the undertaking by the Defendants that the goods seized by the Local Commissioner appointed vide order dated 19.03.2025 shall be destroyed within a week from today. 4. Learned counsel for the Defendant, on instructions, submits that the seized goods will be destroyed on 08.05.2026 at 02:30 PM in the presence of the Authorized Representative of the Plaintiff. Statement is taken on record. 5. Court has perused the terms of settlement and finds the same to be lawful. Accordingly, the suit is decreed in terms of the Settlement Agreement, terms of which shall bind the parties thereto. 6. Registry is directed to draw up the decree sheet. 7. Suit stands disposed of along with pending application. 8. Plaintiff is held entitled to refund of entire court fees in accordance with Court Fees Act, 1870. JYOTI SINGH, J APRIL 25, 2026/RW 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 30/04/2026 at 12:49:25