Delhi High Court
FAO(OS) (COMM)/212/2026 of M/S GM FOODS Vs GOLA SIZZLERS PVT LTD & ANR. on 13 August 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010374512026 + FAO(OS) (COMM) 212/2026 CM APPL. 53953/2026 CM APPL. 53954/2026 CM APPL. 53955/2026 CM APPL. 53956/2026 M/S GM FOODS .....Appellant Through: Mr. Vineet Bhagat, Ms. Pooja Bisht and Mr. Aryaa Nagpal, Advs. versus GOLA SIZZLERS PVT LTD
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010374512026
+
FAO(OS) (COMM) 212/2026 CM APPL. 53953/2026 CM APPL.
53954/2026 CM APPL. 53955/2026 CM APPL. 53956/2026
M/S GM FOODS
.....Appellant
Through:
Mr. Vineet Bhagat, Ms. Pooja Bisht
and Mr. Aryaa Nagpal, Advs.
versus
GOLA SIZZLERS PVT LTD & ANR.
.....Respondents
Through:
Mr. Sandeep Sethi, Sr. Adv. with Mr.
Rohit Sharma, Mr. Jatin Lalwani, Mr.
Nikhil Purohit, Mr. Krisna Gambhir,
Ms. Shreya Sethi, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
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O R D E R
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13.08.2026 CM APPL. 53955/2026 (for exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of. FAO(OS) (COMM) 212/2026
3. This appeal lays a challenge to an order dated 05.08.2026 passed by the learned Single Judge in I.A. 18439/2026, an application under Order XXXIX Rules 1 and 2 Code of Civil Procedure, 1908 (‘CPC’) in C.S. (COMM.) 745/2026 whereby the learned Single Judge on a prima facie finding has injuncted the appellant herein on the following terms: “19. Accordingly, till the next date of hearing, Defendants, their trustees, officers, employees, agents, advertisers, distributors, franchisees, representatives and assigns and all others acting for and on behalf of Defendants are restrained from using the trademarks ‘GOLA’, ‘GOLA SIZZLERS’ and ‘GOLA RESTAURANTS’ and/or any other trademark identical with or deceptively similar to 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 17/08/2026 at 11:33:34
registered trademarks of Plaintiff, in relation to their restaurant or on any hoarding, signage, banner, poster, pamphlet, menu card, letter- head, visiting card, third-party website, food delivery platform or any other promotional or advertising material, in any manner whatsoever, leading to infringement of the registered trademarks of Plaintiff as also passing off.”
4. Learned counsel for the appellant submits that he has already filed a reply to the application under Order XXXIX Rules 1 and 2 CPC. He also state he has filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 to which no reply has been filed.
5. Mr. Sandeep Sethi, learned senior counsel appearing for the respondents submits that the application under Section 8 of the Arbitration and Conciliation Act, 1996 is not maintainable in the facts of this case and he is ready to argue the said application before the learned Single Judge, without filing a reply.
6. If that be so, as the date of hearing before the learned Single Judge is 17.08.2026, this appeal is disposed of by requesting the learned Single Judge to hear the counsel for the parties on both the applications and decide the same in accordance with law, as expeditiously as possible.
7. Pending application, if any, is disposed of. V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J AUGUST 13, 2026/msh 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 17/08/2026 at 11:33:34