Triom Hospitality Vs J.S. Hospitality Services Pvt. Ltd.

M/s J.S. Hospitality Services Pvt. Ltd., owner of the registered trademark “Pind Balluchi” for restaurants, filed suit CS(COMM) 392/2024 against M/s Triom Hospitality for infringement and passing off after discovering the latter using the mark at a Dwarka outlet since October 2023; interim injunction was granted on 16.08.2024 restraining the defendant. The defendant filed Section 8 application under Arbitration Act invoking arbitration clause in an alleged MOU dated 22.06.2022 purportedly granting rights, but plaintiff denied execution alleging forgery and filed affidavit; trial court dismissed the application on 28.08.2024 holding prima facie non-existence due to forgery making dispute non-arbitrable requiring civil adjudication. On appeal, the Delhi High Court held that referral courts under Section 8 conduct only prima facie review of arbitration agreement's existence/validity without deep inquiry into forgery which is for arbitrator unless serious fraud vitiates the agreement entirely; noting pre-existing commercial ties and need for evidence, it found the dispute arbitrable even for non-signatory per group doctrine; setting aside the order on 24.11.2025, the court allowed referral to arbitration and dismissed the suit.

- Allegations of forgery/fabrication do not ipso facto render disputes non-arbitrable unless serious/complex fraud permeates the contract requiring public adjudication (A. Ayyasamy v. A. Paramasivam, (2016) 10 SCC 386, Para 17-19).

- Under Section 8 of Arbitration Act, courts exercise prima facie review limited to formal validity/existence of arbitration agreement; substantive issues like forgery are for arbitral tribunal under Section 16 (Vidya Drolia v. Durga Trading Corpn., (2021) 2 SCC 1, Para 20).

- Non-signatories can be bound to arbitration if intent/consent inferred from conduct/relationship per group of companies doctrine (Cox & Kings Ltd. v. SAP India (P) Ltd., (2024) 4 SCC 327, Para 71).

Case Title: Triom Hospitality Vs J.S. Hospitality Services Pvt. Ltd.  

Order Date: 24 November 2025  

Case Number: FAO (COMM) 174/2024  

Neutral Citation: Not yet assigned  

Court: High Court of Delhi at New Delhi  

Judge: Hon’ble Mr. Justice C. Hari Shankar & Hon’ble Mr. Justice Om Prakash Shukla  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]