$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 5/2026 MHG IP HOLDING (SINGAPORE) PTE LTD & ORS. .....Decree Holders Through: Mr. C.M. Lall, Sr. Adv., Mr. Annanya, Mr. Amit Kumar Panigrahi, Mr. Akash Choudhary, Mr. Sahil Arora and Ms. Ishika Sethi, Advs. versus MOTWANI CONSTRUCTIONS PVT LTD & ORS. .....Judgement Debtors Through: Mr. Christopher Thomas, Mr. Yash A. Arora, Advs. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 27.07.2026 O R D E R 1. The present execution petition has been filed under Section 36 of the Arbitration and Conciliation Act, 1996 (A&C Act) for execution of a mediated Settlement Agreement arrived at in pre-institution mediation proceedings. 2. The Settlement Agreement concerns the petitioner’s right in its trademark ‘ANANTARA’. 3. The respondents are the opposite party in the pre-institution mediation proceedings and it is alleged by the petitioner / decree holder that the respondents / judgment debtors have acted in wilful and deliberate breach of the mediated Settlement Agreement, concluded in the pre-institution mediation. 4. Vide order dated 06.04.2026, a statement was made on behalf 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 01/08/2026 at 11:06:48 judgment debtors that the decree in terms of the mediated settlement agreement dated 08.05.2025, has been complied with fully. Accordingly, direction was issued to the judgment debtors to file an affidavit of compliance along with all relevant documents. 5. Pursuant thereto, an undertaking affidavit has been filed by Mr. Pankaj Motwani on behalf of the judgment debtor. The same inter-alia avers as under: “17. I say that the Judgment Debtors are complying and abiding by the Settlement Award/Decree dated 08.05.2025 and shall continue to do so or such other Orders or directions as may be passed by this Hon’ble Court in the present execution petition.” 6. Respective counsels are in agreement that necessary compliance has now been done by the judgment debtors. However, it transpires that the judgment debtors were remiss in making the necessary compliance in terms of the mediated Settlement Agreement within the timelines prescribed thereunder. Allegations of wilful disobedience / breach have been made by the petitioner of the present petition, the same are reproduced as follows:- “23. The Petitioners, sometime around December 2025, during a routine check of trademark infringement, identified continued infringement of their ANANTARA Trademarks by the Respondents, in relation to their business operations and activities, including construction and offering for sale of residential projects and units in the name of “MOTWANI ANANTARA” (“Infringing Mark”). Details and photographs are annexed along with the present petition. 24. That the offending activities of the Respondents are causing irreparable harm and injury to the goodwill, reputation and business of the Petitioners and strike at the very root of the Petitioners’ existence. The damage being caused to the Petitioners on account of the activities of the Respondents is not capable of being fully compensated monetarily. 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 01/08/2026 at 11:06:48 25. That the unauthorized and illegal use of the Infringing Mark by the Respondents has the effect of diluting the reputed and famous ANANTARA Trademarks of the Petitioners and eroding what is most valuable and important to the Petitioners. The Petitioners will continue to suffer at the dishonest hands of the Respondents unless the Respondents are retrained by this Hon’ble Court from violating the honest and bona fide rights of the Petitioners in the ANANTARA Trademarks. 26. That such continued use of the Infringing Mark is not only diluting the Petitioners presence in India and globally but is also pertinently concerning now since the Petitioners are physically present and operating in India under the same brand name, ANANTARA – The Jewel Bagh, Jaipur, India. The Petitioners also have further intentions of expanding their presence pan-India. 27. That till date and post the expiry of the agreed phase out period vide the Settlement Agreement; the Respondents have not made any attempts at phasing out and eventually ceasing use of the Petitioners' ANANTARA Trademarks. It is submitted that the Respondents are in blatant contempt and breach of the Settlement Agreement and thereby the Award arising out of said Agreement. The aforementioned actions of the Respondents are evocative of the blatant disregard for the Award passed by the Learned Sole Mediator, and the terms and conditions agreed to between the Parties. Hence, the Petitioners have been compelled to file the present Execution Petition for the execution of the said Award dated 08/05/2025.” 7. Be that as it may, considering that compliance has now been made by the judgment debtors, this Court is not inclined to take further action against the judgment debtors except to direct the judgment debtors to strictly abide by the terms of the mediated Settlement Agreement. 8. Learned counsel for the judgment debtors, on instructions undertake to do so. The petition stands disposed of in the above terms. 9. Considering the facts and circumstances, including the circumstances which impel the petitioner / decree holder to file the present petition, it is 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 01/08/2026 at 11:06:48 directed that the judgment debtor shall pay litigation costs of Rs.50,000/- to the petitioner / decree holder. JULY 27, 2026/cl SACHIN DATTA, J 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 01/08/2026 at 11:06:48