CS(COMM) 1165/2025 $~137 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1165/2025 & I.As. 27077/2025, 30795/2025, 5462/2026 CAPITAL FOODS PRIVATE LIMITED .....Plaintiff Through: Mr. Dhruv Anand, Mr. Rohil Bansal and Mr. Chirayu Prahlad, Advocates. versus DAMYAA (PJ) FOODS PRIVATE LIMITED .....Defendant Through: Ms. Richa Bhargava, Mr. Rishabh Bhargava and Mr. Yashovar Dhan Oza, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 15.05.2026 I.A. 13597/2026 1. This application is jointly filed on behalf of the parties under Order XXIII Rule 3 read with Section 151 CPC for recording of settlement between the parties. 2. This suit was instituted by the Plaintiff inter alia seeking a decree of permanent injunction restraining the Defendant and all others acting on its behalf from directly or indirectly dealing in any products/services bearing the mark SCHEZWAN TUFANI CHUTNEY and/or SCHEZWAN CHUTNEY or any other mark deceptively similar to Plaintiff’s registered mark SCHEZWAN CHUTNEY, amounting to infringement and passing off. 3. During the pendency of the suit, parties have settled their inter se disputes and terms of settlement are incorporated in paragraph 4 of the 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 18/05/2026 at 11:35:21 CS(COMM) 1165/2025 application. For ready reference, terms of settlement are extracted hereunder:- “a. The Defendant acknowledges the Plaintiff to be the sole proprietor of the registered trademark and brand SCHEZWAN CHUTNEY and also of the artworks subsisting in the unique, peculiar and distinctive packaging of its said SCHEZWAN CHUTNEY branded products as given in paragraph 2 hereinabove. b. That going forward, the Defendant undertakes to never use the marks SCHEZWAN TUFANI CHUTNEY/SZECHWAN HOT & SPICY CHUTNEY and/or the Plaintiff’s registered trademark/brand SCHEZWAN CHUTNEY or to adopt any other mark/brand/packaging that may be deceptively similar to the Plaintiff’s IP in any form or manner; and c. That the Defendant states that they have not obtained any registration(s) or applied for registering the artwork associated with the packaging of its impugned products and/or the trademarks SCHEZWAN TUFANI CHUTNEY and SZECHWAN HOT & SPICY CHUTNEY and/or any other trade mark(s) which may be deceptively similar to or identical with the Plaintiff’s IP before the Indian Trade Marks Office or any other authority; and d. That going forward, the Defendant undertakes not to obtain any registration(s) or apply for registering the artwork associated with the packaging of its impugned products and/or the trademarks SCHEZWAN TUFANI CHUTNEY and SZECHWAN HOT & SPICY CHUTNEY and/or any other trade mark(s) which may be deceptively similar to or identical with the Plaintiff’s IP before the Indian Trade Marks Office or any other authority; and e. The Defendant undertakes to remove all references to the trade mark SCHEZWAN TUFANI CHUTNEY/SZECHWAN HOT & SPICY CHUTNEY, including the impugned products which are mentioned in paragraph no. 3 hereinabove, from all online/offline platforms which are within the Defendant’s control, as and when such listings are brought to the attention of the Defendant. The Plaintiffs acknowledge that the Defendant has made endeavors to remove any reference or trace online, which was in his control and has taken steps by writing to third parties for removal of such references and traces. In respect of any listings/references appearing on third-party platforms or otherwise outside the Defendant’s control, the Defendant shall, within 2 weeks of intimation of such third- party listings, take reasonable steps for removal thereof, including by writing to the concerned third parties; and f. Pursuant to abovementioned paragraph 4(e), the Defendant undertakes to share with the Plaintiff’s counsel the correspondence with third party 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 18/05/2026 at 11:35:21 CS(COMM) 1165/2025 platforms with regard to taking down listings of the impugned products. The Defendant undertakes to share all such correspondence at email@anandandanand.com, dhruv@anandandanand.com, rohil@anandandanand.com, chirayu@anandandanand.com; and g. The Defendant agrees to passing of a decree of permanent injunction in terms of prayer paragraph no. 72 (a), (b) and (c) of the Plaint, which are also culled out hereinbelow. “PRAYER 72. In light of the foregoing, it is most respectfully prayed that this Hon’ble Court may be pleased to issue: a. An order of permanent injunction restraining the Defendant and all others acting for and on its behalf from directly or indirectly dealing in any products/services bearing the mark SCHEZWAN TUFANI CHUTNEY and/or SCHEZWAN CHUTNEY and/or from using any other mark that may be deceptively similar to the Plaintiff’s registered and well-known mark SCHEZWAN CHUTNEY, amounting to infringement of the Plaintiff’s registered trademark SCHEZWAN CHUTNEY bearing number 2431851; and b. An order of permanent injunction restraining the Defendant and all others acting for and on its behalf from directly or indirectly dealing in any products/services bearing the mark SCHEZWAN TUFANI CHUTNEY and/or SCHEZWAN CHUTNEY and/or from using any other mark that may be deceptively similar to the Plaintiff’s registered and well-known mark SCHEZWAN CHUTNEY, amounting to passing off of the Defendant’s infringing products as that of the Plaintiff’s; and c. An order of permanent injunction restraining the Defendant and all others acting for and on their behalf from directly or indirectly engaging in any act whatsoever that will result in the dilution and tarnishment of the distinctiveness and goodwill associated with the Plaintiff’s registered trademark SCHEZWAN CHUTNEY; …..” h. Upon execution of the present settlement terms by both parties, the Plaintiff agrees not to press for the relief of rendition of accounts, damages, and costs, court fee or any other damage as prayed for in the prayer paragraph no. 72 (d), (e), (g), and (h) of the plaint and the prayers in the pending applications filed by the Plaintiff. 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 18/05/2026 at 11:35:21 CS(COMM) 1165/2025 i. The present settlement is being entered into to avoid further litigation and without admission by the Defendant of any willful infringement, passing off, dilution, tarnishment, dishonest adoption, liability for damages, rendition of accounts or costs, except to the limited extent expressly recorded herein. j. The Parties agree that the suit be decreed in terms of this settlement.” 4. Court has perused the terms of settlement and finds the same to be lawful. Accordingly, this application is allowed and disposed of, recording the settlement between the parties. CS(COMM) 1165/2025 5. The suit is decreed in terms of paragraphs 72 (a), (b) and (c) of the Plaint read with the terms of settlement. The settlement terms shall form part of the decree and bind the parties thereto. 6. Registry is directed to draw up the decree sheet. 7. Suit stands disposed of along with pending applications. 8. Plaintiff is held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870. JYOTI SINGH, J MAY 15, 2026 S.Sharma 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 18/05/2026 at 11:35:21