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2025 DAILYLAW 6379 (DEL)

CARGILL INDIA PRIVATE LIMITED v. TIRUPATI OILS & ANR.

CS(COMM)/204/2025 · 2026-09-03

Jyoti Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 204/2025 p. 1 $~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010114892025 + CS(COMM) 204/2025 & I.A. 6068/2025 CARGILL INDIA PRIVATE LIMITED .....Plaintiff Through: Mr. Ashwani Balayan and Mr. Manish Kumar, Advocates. versus TIRUPATI OILS & ANR. .....Defendants Through: Mr. Awadhesh Kumar, Advocate for D-1 and 2. Mr. Keshav Kumar Rastogi, D-2 and Mr. Ravindra Kumar Rastogi, AR of D-1 in person through VC. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 03.09.2026 1. 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 the impugned infringing marks GAMINI, GAJGAMINI, SUPER GAMINI, GESMINI, , , , , as also the impugned trade dresses, including but not limited to , 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 07/09/2026 at 13:36:20 CS(COMM) 204/2025 p. 2 , , , in relation to or in connection with sale, promotion, marketing and advertising of impugned goods related to edible oils, fats, etc., and/or any other mark/trade dress identical or deceptively similar to Plaintiff’s trademarks GEMINI and/or Plaintiff’s trade dress, amounting to infringement and/or passing off. 2. During the pendency of the suit, parties have amicably settled their disptues before the Delhi High Court Mediation and Conciliation Centre and executed a Settlement Agreement dated 26.05.2026, copy of which has been placed on record. 3. Mr. Keshav Kumar Rastogi, who is the sole proprietor of Defendant No. 1/Tirupati Oils and is impleaded in his individual capacity as Defendant No. 2 as also Mr. Ravindra Kumar Rastogi, Authorized Representative of the Defendants have joined Court proceedings virtually and submit that they have entered into the Settlement Agreement out of their own will and the suit be decreed in terms of the settlement between the parties. 4. Learned counsel for the Plaintiff also submits that the suit be decreed in terms of the settlement and as per one of the terms, direction be issued to the Defendants to destroy the goods seized by the Local Commissioner. 5. Accordingly, suit is decreed in terms of the settlement between the parties. The settlement agreement shall form a part of decree and terms thereof shall bind the parties thereto. 6. The Local Commissioner appointed by the Court had seized and taken into custody the impugned offending goods, which are in custody 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 07/09/2026 at 13:36:20 CS(COMM) 204/2025 p. 3 Defendants under superdari. In furtherance of the agreement between the parties, Defendants are directed to destroy the seized goods on 21.09.2026 at 2:30 PM, in the presence of the authorized representatives of the Plaintiff and needless to state the destruction proceedings will be photographed, to avoid any future controversy on this issue. 7. Registry is directed to draw up the decree sheet. 8. Suit stands disposed of along with the pending application. 9. Plaintiff is held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870. JYOTI SINGH, J SEPTEMBER 3, 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 07/09/2026 at 13:36:20