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Delhi High Court - Orders
Capital Foods Private Limited vs Kishan Rameshbhai Kaswala Trading As K3 ... on 22 May, 2026
Author:
Tushar Rao Gedela
Bench:
Tushar Rao Gedela
$~85
              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
              +         CS(COMM) 562/2026
                        CAPITAL FOODS PRIVATE LIMITED                  .....Plaintiff
                                     Through: Mr. Dhruv Anand, Mr. Rohil Bansal
                                               and Mr. Chirayu Prahlad, Advocates.
                                     versus

KISHAN RAMESHBHAI KASWALA TRADING AS K3 MASALA
                                                               .....Defendant
                                    Through:

CORAM:
                        HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                      ORDER
%                                       22.05.2026
              I.A. 14614/2026 (Additional Documents)
1.        The present application has been filed on behalf of the plaintiff under
              Order XI Rule 1(4)
of the Code of Civil Procedure
, 1908 (hereinafter referred
              to as '
CPC
') as applicable to commercial suits under the
Commercial Courts
              Act, 2015
(hereinafter referred to as '
CC Act
') seeking leave to place on
              record additional documents.
2.        The plaintiff is permitted to file additional documents in accordance
              with the provisions of the
CC Act
and the Delhi High Court (Original Side)
              Rules, 2018.
3.        Accordingly, the application stands disposed of.
              I.A. 14616/2026 (Pre-Institution Mediation)
4.        This is an application filed by the plaintiff seeking exemption from
              instituting pre-litigation mediation under
Section 12A
of the CC Act.
5.        As the present matter contemplates urgent interim relief, in light of the
              judgment of the Supreme Court in
Yamini Manohar vs. T.K.D. Keerthi
:
CS(COMM) 562/2026                                                                                    Page 1 of 12
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               (2024) 5 SCC 815, exemption from the requirement of pre-institution
              mediation is granted.
6.        The application stands disposed of.
I.A. 14615/2026 (Exemption)
7.        This is an application filed on behalf of the plaintiff under
Section 151
of CPC seeking exemption from filing typed/legible copies of dim/illegible
              documents as referred to in para 2 of the present application.
8.        Exemption allowed, subject to just exceptions. However, true
              typed/translated/clear/legible copies of the documents with proper margins be
              filed within four weeks with an advance copy to the defendant.
9.        The application stands disposed of.
I.A. 14617/2026 (Seeking Additional time to file Court Fees)
10.       The present application has been filed by the plaintiff under Section
              149 read with
Section 151
of CPC, seeking exemption from payment of Court
              Fees at the time of the filing of the suit.
11.       Mr. Dhruv Anand, learned counsel for the plaintiff states that the Court
              Fees has been deposited, however, the certificate needs to be obtained and
              filed thereafter. The plaintiff is granted ten days' time to file the Certificate of
              payment of Court Fees.
12.       The application is allowed to the aforesaid extent and is disposed of.
              I.A. 14613/2026 (Order XXXIX Rules 1 & 2,
CPC
)
13.       Present application has been filed on behalf of the plaintiff under Order
              XXXIX Rules 1 & 2
of CPC
, 1908 seeking ex-parte ad-interim injunction
              against the defendant.
14.       It is stated that the plaintiff was incorporated in 2003 and is now
              acquired by Tata Consumer Products Limited, which is an associate of the
              TATA Group and is a leading food enterprise engaged, inter alia, in
              manufacturing, marketing and retailing of a wide variety of food products and
CS(COMM) 562/2026                                                                                    Page 2 of 12
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               services including sauces, dips, spreads, noodles, dressings, condiments,
              spices, sauce mixes, soups, pastes, ready-to-eat food products and other food
              preparations and related services for over two decades. It is also stated that the
              plaintiff is operating a website, www.capitalfoods.co.in for its products.
15.       It is claimed that the plaintiff conceived and adopted the mark
              'SCHEZWAN CHUTNEY' in the year 2012, which is derived from and is a
              unique and distinctive combination of two words, i.e., 'Schezwan' and
              'Chutney' in respect of a hot, spicy and peppery sauce/dip having a unique
              proprietary recipe and taste profile developed by the plaintiff after significant
              amount of research and efforts. It is also claimed by the plaintiff that since
              inception, the plaintiff's mark has been continuously, extensively and
              uninterruptedly used by the plaintiff along with huge promotional activities
              that has resulted in the plaintiff's mark acquiring a secondary significance.
16.       It is stated by the plaintiff that for the Financial Year 2024-2025, the
              plaintiff recorded a total revenue of Rs.93,417 Lakhs, with significant
              expenditures including Rs.6,388 Lakhs on advertising. It is stated that the
              advertisement campaign featuring actor Ranveer Singh had an advertising and
              promotional budget of Rs. 50 Crores, apart from various other celebrities'
              promotional activities by the plaintiff.
17.       Plaintiff claims to have a website at www.chingssecret.com dedicated
              to the various products bearing the plaintiff's trademark 'SCHEZWAN
              CHUTNEY', which was registered on 07.09.2002. The plaintiff also has a
              Facebook page with 835K followers, an Instagram account with 82.3K
              followers as well as a YouTube channel with 775K subscribers.
18.       The details of the trademark as well as copyright registrations with
              regard to the plaintiff's trademark 'SCHEZWAN CHUTNEY' and the trade
              dress of the plaintiff's products associated with such mark, as mentioned in
              para 30 of the plaint, are extracted hereunder:-
CS(COMM) 562/2026                                                                                    Page 3 of 12
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19.       The plaintiff also claims to have initiated legal proceedings against
              various parties misusing the plaintiff's trademark 'SCHEZWAN CHUTNEY'
              or using marks that are identical to the said trademark and have also obtained
              favourable orders from Courts across India. Plaintiff asserts that the learned
              Division Bench of this Court has, in Capital Foods Private Limited vs.
CS(COMM) 562/2026                                                                                    Page 4 of 12
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               Radiant Indus Chem Pvt. Ltd., FAO(OS)(COMM) 16/2023, vide order dated
              25.01.2023, categorically noted that the plaintiff's mark has acquired
              secondary significance.
20.       It is claimed that sometime in August, 2025, the plaintiff learnt through
              various sources that the defendant is manufacturing and selling its products
              under the mark 'SCHEZWAN DIPPING CHUTNEY' by unauthorisedly
              using the plaintiff's registered and well-known trademark 'SCHEZWAN
              CHUTNEY', across India. Plaintiff addressed a legal notice dated 20.08.2025
              and a reminder letter dated 13.11.2025 to the defendant, however received no
              reply.
21.       Sometime in early April, 2026, the plaintiff came to know that the
              defendant is manufacturing other infringing products under the same
              deceptively similar mark 'SCHEZWAN DIPPING CHUTNEY', however
              under a different house name 'Fruvanta'. Therefore, the plaintiff addressed
              another reminder letter dated 16.04.2026 to the defendant, however received
              no response. It is stated that the defendant is also selling the said impugned
              product under the brand name 'K3 Masala'.
22.       It is further stated that the defendant's impugned products are also
              listed on various e-commerce platforms such as Amazon, Flipkart etc., which
              are delivered to New Delhi. Screenshots of such listings are reproduced in
              para 39 of the plaint. It is further claimed that the defendant is actively
              marketing and advertising their impugned infringing products on their social
              media platforms such as Facebook and Instagram amongst others, screenshots
              of which are reproduced in para 40 of the plaint. The plaintiff also claims to
              have placed an order for the defendant's product 'GREEN PIECE
              SCHEZWAN DIPPING CHUTNEY' through its online listing on Meesho,
              which was delivered to the investigator's address in Delhi on 09.03.2026. The
              plaintiff further placed an order for the defendant's product 'FRUVANTA
CS(COMM) 562/2026                                                                                    Page 5 of 12
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               SCHEZWAN DIPPING CHUTNEY' through Flipkart which was delivered
              on 15.04.2026. The screenshots of such purchases are reproduced in para
              nos.41 and 42 of the plaint.
23.       It is also claimed that the defendant sells Jain versions of the impugned
              products, i.e., without onions or garlic as core ingredients, which shows that
              the defendant is closely monitoring the plaintiff's products and as and when it
              comes out with new variations of its popular 'SCHEZWAN CHUTNEY'
              branded products, the defendant follows suit and launches their own versions
              of the impugned products in an attempt to come as close as possible to the
              plaintiff's highly popular products under their registered trademark
              'SCHEZWAN CHUTNEY'.
24.       Plaintiff claims that this is a classic case of smart copying as the
              defendant has introduced inconsequential elements in their impugned
              infringing mark by adding the word 'DIPPING' between 'SCHEZWAN' and
              'CHUTNEY', however, the overall commercial impression created by the
              defendant's infringing mark and the broad similarities between their
              infringing mark and the plaintiff's registered and well-known trademark
              'SCHEZWAN CHUTNEY' are so obvious that the minor inconsequential
              differences between the two marks have been nudged into oblivion.
25.       Predicated thereon, the plaintiff seeks an ex-parte ad-interim injunction
              against the defendant.
26.       After having perused the plaint and the documents annexed therewith
              and having heard the arguments of learned counsel for the plaintiff, this Court
              is of the considered opinion that an ex-parte ad-interim injunction would be in
              order
27.       Since the suit has been filed on the basis of infringement and passing
              off of the registered trademark of the plaintiff, it would be worthwhile to
              compare the marks of both the parties. Thus, the following pictographical
CS(COMM) 562/2026                                                                                    Page 6 of 12
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               illustrations would bring out the similarities/deceptive similarities between the
              rival marks:-
Plaintiff's Products                                  Defendant's Products
28.       It is clear from the aforesaid comparison that the emphasis on the
              words 'Schezwan' and 'Chutney' on a white background appear to be similar
              to that of the plaintiff. Merely by using the word 'dipping' between the words
              'Schezwan' and 'Chutney' would really not make such a distinction as to
              enable an unwary consumer with an average intelligence and imperfect
CS(COMM) 562/2026                                                                                    Page 7 of 12
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               recollection to be able to differentiate between the two products. Even the
              adoption in different forms, as extracted above and as available on the e-
              commerce platforms indicate that the defendant has been using the mark
              'Schezwan Chutney' openly which is bound to create confusion in the minds
              of the public as to whether the said products of the defendant are those of the
              plaintiff or are associated with it. The brand names such as 'K Masala',
              'Green Piece' or 'Fruvanta' written on top would really not make such an
              impact as to make the public aware that the products belong to the defendant
              and not the plaintiff.
29.       The products of the defendant under the said marks which are shown
              and reflected in the e-commerce websites are deceptively similar to the
              plaintiff's products bearing the registered trademark 'SCHEZWAN
              CHUNEY'. The screenshots of online listings of the defendant's products on
              various e-commerce platforms are reproduced hereunder:-
CS(COMM) 562/2026                                                                                    Page 8 of 12
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30.       It appears that the adoption of the said mark 'SCHEZWAN CHUTEY'
              with or without the word 'DIPPING' in between is clearly not honest or
CS(COMM) 562/2026                                                                                    Page 9 of 12
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               bonafide. The registered trademark 'SCHEZWAN CHUTEY' of the plaintiff
              has garnered substantial reputation and goodwill in the last many years which
              is clearly reflected from the sales figures as also the promotional expenses
              incurred by the plaintiff in respect of the said trademark.
31.         The defendant appears to be riding the coattails of the plaintiff's
              immense reputation and substantial goodwill. This is bound to dilute the
              goodwill and reputation of the plaintiff's trademark. That apart, the
              documents placed on record also appear to indicate that the plaintiff is the
              prior adopter and user of the registered trademark 'SCHEZWAN
              CHUTNEY'.
32.         Having regard to the aforesaid, the plaintiff has evidently made out a
              prima facie strong case in its favour and against the defendant. The balance of
              convenience clearly tilts in favour of the plaintiff. Plaintiff shall suffer
              irreparable loss and injury which may not be adequately compensated in
              monetary terms in case an ex-parte ad-interim injunction order is not passed
              against the defendant.
33.         In view of the aforesaid, the following directions are passed:-
(i)      Defendant, their agents, suppliers and distributors, directors,
                    employees and all others acting for and on their behalf are restrained from
                    directly or indirectly dealing in the impugned products 'K3 MASALA

SCHEZWAN DIPPING CHUTNEY',                                                            ,                         ,
CS(COMM) 562/2026                                                                                    Page 10 of 12
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                     'GREEN PIECE SCHEZWAN DIPPING CHUTNEY',

,                          , and 'FRUVATA SCHEZWAN DIPPING CHUTNEY',

,                            and/or any products/services bearing the
                    mark 'SCHEZWAN CHUTNEY' and/or 'SCHEZWAN DIPPING
                    CHUTNEY' and/or from using any other mark that may be deceptively
                    similar to the plaintiff's registered trademark 'SCHEZWAN CHUTNEY';
(ii) Defendant shall place on record their books of accounts, invoices,
                    sales memo and/or any other documents recording/evidencing sale of their
                    infringing products as mentioned in sub-para(i) above, till date, in a sealed
                    cover, within 6 weeks from date of service;
34.       Issue notice.
35.       Let a reply to this application be filed by the defendant within four
              weeks from service. Rejoinder, thereto, if any, be filed within two weeks
CS(COMM) 562/2026                                                                                    Page 11 of 12
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               thereafter.
36.       Compliance of
Order XXXIX Rule 3 of CPC
shall be done within ten
              days from date.
CS(COMM) 562/2026
37.       Let the plaint be registered as a suit.
38.       Upon filing of the process fee, issue summons of the suit to the
              defendant through all permissible modes.
39.       The summons shall state that the Written Statement shall be filed by the
              defendant within 30 days from the date of the receipt of summons. Alongwith
              the Written Statement, the defendant shall also file Affidavit of
              Admission/Denial of the documents of the plaintiff, without which the
              Written Statement shall not be taken on record.
40.       Liberty is granted to the plaintiff to file Replication, if any, within 30
              days from the receipt of the Written Statement. Along with the Replication
              filed by the plaintiff, an Affidavit of Admission/Denial of the documents of
              defendant be filed by the plaintiff, without which the Replication shall not be
              taken on record.
41.       In case any party is placing reliance on a document, which is not in
              their power and possession, its details and source shall be mentioned in the
              list of reliance, which shall also be filed with the pleadings.
42.       If any of the parties wish to seek inspection of any documents, the same
              shall be sought and given within the prescribed timelines.
43.       List before the Joint Registrar (Judicial) on 11.08.2026 for completion
              of service and pleadings.
44.       List before the Court on 17.11.2026.
TUSHAR RAO GEDELA, J
              MAY 22, 2026/anj
CS(COMM) 562/2026                                                                                    Page 12 of 12
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