CS(COMM) 556/2025 p. 1 $~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 556/2025 CAPITAL FOODS PRIVATE LIMITED .....Plaintiff Through: Mr. Pravin Anand, Mr. Rohil Bansal & Mr. Chirayu Prahlad, Advocates. Versus SANKALP RECREATION PRIVATE LIMITED & ANR. .....Defendants Through: Ms. Tanvi Jain, Advocate for D-2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 08.12.2025 IA No.30563/2025 1. The Plaintiff has filed the present Application under Section 151 of the Code of Civil Procedure, 1908 for seeking early hearing of the present Suit. 2. The learned Counsel appearing for the Parties submitted that the matter has been settled between the Parties through Mediation before the Delhi High Court Mediation & Conciliation Centre and a Settlement Agreement dated 26.11.2025 has been executed between the Parties. 3. Accordingly, the learned Counsel for the Parties submitted that in view of the settlement arrived at between the Parties, the hearing of the present Suit be preponed and the Suit be decreed in terms of the Settlement Agreement dated 26.11.2025. 4. In view of the above, the present Application is allowed and with the consent of the Parties, the matter is taken up today. 5. The Application stands disposed of. 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 11/12/2025 at 12:47:25 CS(COMM) 556/2025 p. 2 CS(COMM) 556/2025 6. The learned Counsel for the Parties submitted that present Suit be decreed by recording the Terms of Settlement arrived at between the Parties in the Settlement Agreement dated 26.11.2025. 7. Accordingly, the present Suit is decreed by recording the following Terms of Settlement arrived at between the Parties in the Settlement Agreement dated 26.11.2025: “a. The Defendants acknowledge the Plaintiff to be the sole proprietor of the registered and well-known trademark and brand SCHEZWAN CHUTNEY and also of the artworks associated with the unique, peculiar and distinctive packaging of its said SCHEZWAN CHUTNEY branded products which are given below and are also subject matter of the copyright registration no. A-149563/2023 dated 08.12.2023 (hereinafter called the Plaintiff's IP). ; and b. The Defendants undertake to never use the Plaintiff's registered and well-known trademark / brand SCHEZWAN CHUTNEY or any other mark/brand/packaging that may be deceptively similar to the Plaintiff's IP in any form or manner; and c. The Defendant No. 1 undertakes to change the name of their impugned products mentioned hereinabove to "CHINESE CHUTNEY", and the Defendant No. 2 undertakes to change the name of their impugned products mentioned hereinabove to “SCHEZWAN SAUCE / SCHEZUAN SAUCE”, so as to avoid 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 11/12/2025 at 12:47:25 CS(COMM) 556/2025 p. 3 any similarity or confusion with the Plaintiff's IP in any form or manner on or before 31.12.2025; and d. That the Defendants state that they have not obtained any registration(s) or applied for registering the artwork associated with the packaging of their impugned products mentioned hereinabove and/or the trademark SCHEZWAN CHUTNEY and / or any other trademark(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 Defendants undertake not to obtain any registration(s) or apply for registering the artwork associated with the packaging of their impugned products mentioned hereinabove and/or the trade marks SCHEZUAN CHUTNEY and / or SCHEZWAN 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 f. The Defendants undertake to remove all references to the Plaintiff's registered and well-known trademark SCHEZWAN CHUTNEY and their impugned products mentioned hereinabove from all online platforms on or before 30.11.2025. It is also stated that while all references to the mark have been removed from online portals, the listings https://www.store2k.com/products/wah-luft-schezuan- chutney-400-gm and at https://ebaqala.com/en/kuwait-indian- grocery/groceries/2336/wah_luft schezuan chutney 400g.html cannot be removed by the Defendant No. 2 on their own. That being said, steps have duly been taken by the Defendant No. 2 to get the said listings removed by writing to the concerned persons and the correspondence in that regard shall be provided to the Plaintiffs counsel at rohil@anandandanand.com within 5 days from the date of signing this settlement agreement; and g. The Defendant No. 2 has withdrawn the rectification proceedings that they filed before the Indian Trade Marks Registry being Rectification No. 285711 dated 20.01.2025 challenging the word mark registration for the mark SCHEZWAN CHUTNEY being TM No. 2431851 in Class 30 and the relevant document in this regard is annexed herewith ANNEXURE D; and 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 11/12/2025 at 12:47:25 CS(COMM) 556/2025 p. 4 h. That subject to the Defendants' strict adherence to the terms mentioned hereinabove, the Plaintiff agrees to allow the Defendants a time of 90 days with effect from 1" October 2025 to exhaust their existing stock of the impugned products mentioned hereinabove and remove all referenced to the impugned marks from all offline platforms. If any stock of the impugned products remains unsold as on the expiry of the aforementioned period of 90 days, then the same shall be destroyed by the Defendants in the presence of the Plaintiff's representative. The details of all pending stock as remaining with the Defendants along with the details of the last batch manufactured shall be provided to the Plaintiffs counsel at rohil@anandandanand.com within 5 days from the date of signing the present settlement agreement. h. The parties shall pray to the Hon'ble Court that a decree in terms of prayers sought in paragraphs no. 85 (a), (b), (c) of the Plaint may be passed and subject to the Defendants' strict adherence to all the settlement terms mentioned hereinabove, the Plaintiff agrees not to press for the reliefs of delivery up, rendition of accounts, damages, and costs as prayed in the plaint. The aforementioned prayer clauses are given below. “PRAYER 85. 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 Defendants and all others acting for and on its behalf from directly or indirectly dealing in any products/services bearing the mark SCHEZWAN CHUTNEY and / or SCHEZUAN 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 Defendants and all others acting for and on its behalf from directly or indirectly dealing in any 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 11/12/2025 at 12:47:25 CS(COMM) 556/2025 p. 5 products/services bearing the mark SCHEZWAN CHUTNEY and / or SCHEZUAN CHUTNEY and /or from using any other mark that may be deceptively similar to the Plaintiff's registered and well-known ark SCHEZWAN CHUTNEY amounting to passing off of the Defendants infringing products as that of the Plaintiff's; and (c) An order of permanent injunction restraining the Defendants 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 Plaintiffs' registered trademark SCHEZWAN CHUTNEY; and......” i. That it is agreed between the parties that in case of any default done by the Defendants, the Plaintiffs shall be free to pursue their remedies available as per law. j. The Parties undertake that they are bound by the aforementioned settlement terms and further undertake to abide by the same and not to dispute the same hereinafter in the future. Subject to the strict adherence to the terms of the instant settlement by all the Parties, all the Parties hereby confirm that all disputes concerning the subject matter of the instant suit have been resolved, and there are no outstanding issues and concerns between the Parties with respect to the subject matter of the instant suit. k. The signatories to the present Settlement Agreement are fully competent and authorized to enter into the present settlement. Their respective board resolutions / Power of Attorneys / Letter of Authorizations have been filed in the present proceedings. l. That the aforementioned settlement has been entered into between the parties without any force, coercion, or undue influence and out of their own free will. m. The Parties also agree that they have understood the contents of the present Settlement Agreement as the same have been explained to them by the Mediator and their respective counsel, 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 11/12/2025 at 12:47:25 CS(COMM) 556/2025 p. 6 in the presence of each other and they have consented to the same in its true letter and spirit, and as such they shall not dispute the same ever in future.” 8. The Parties are directed to abide by the Terms of the Settlement aforesaid. Let Decree Sheet be drawn up accordingly. 9. The learned Counsel for the Plaintiff prays for refund of the Court Fees on the ground that the matter is settled at an initial stage. 10. In view of the fact that matter has been settled at an early stage, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the Plaintiff, in terms of Section 16 of the Court Fees Act, 1870. 11. It is however, made clear that in case any dispute arises between the Parties and in the event, either Party approaches this Court for enforcement of the Settlement Agreement / Decree, the said Party or Parties will become liable to pay the entire Court Fees thereon. 12. The Suit and the pending Applications stand disposed of. 13. The date of 09.02.2026 stands cancelled. TEJAS KARIA, J DECEMBER 8, 2025 ‘gsr’ 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 11/12/2025 at 12:47:25