Khilender Gupta Trading Bobby Vs Hind Food Product:25 April 2025:FAO (Comm) 100/2025:2025:DHC:2987-DB:High Court of Delhi:Honble Judges:C. Hari Shankar, Ajay Digpaul
Facts:
Khilender Gupta, operating as Bobby Enterprises, filed a suit against Hind Food Product for alleged infringement of the registered trademark "BOOM BOOM" and unauthorized use that could mislead consumers. Gupta claimed that the respondents were passing off their products under names similar to those associated with his trademark.
Procedural Details:
Gupta sought an ex parte ad interim injunction under Order XXXIX Rules 1 and 2 and an appointment of a Local Commissioner under Order XXVI Rule 9 of the Civil Procedure Code (CPC). The Commercial Court initially dismissed these applications, citing the pending intervention application from Rakesh Kumar, who also claimed rights related to the trademark.
Issue:
The central issue was whether the Commercial Court properly declined to grant the ex parte relief sought by Gupta based on the assertion that an intervention application by Rakesh Kumar was pending, and whether the court adequately considered the merits of Gupta's claims.
Decision:
The High Court of Delhi set aside the impugned order from the Commercial Court and remanded the applications for a new decision. The court emphasized that the Commercial Court was obligated to consider the merits of the case for the requested relief without deferring to the pendency of Rakesh Kumar's application. The court confirmed that Gupta retained the right to assert proprietorial claims over the trademark in question.
