Grm Foodkraft Pvt Ltd And Anr v. Ks Agro Impex And Anr

56346810

The Delhi High Court granted an injunction in favor of Grm Foodkraft Pvt Ltd, restraining Ks Agro Impex from selling Golden Sella Basmati Rice in packaging that is deceptively similar to the plaintiff's trade dress. The court found that the defendant's packaging was likely to cause confusion among consumers and harm the plaintiff's goodwill. The defendant is allowed to continue selling Golden Sella Basmati Rice using distinct and non-deceptive packaging. The case highlights the importance of protecting intellectual property rights, particularly in the FMCG sector.

Jurisdiction
India
Court / Office
Delhi High Court
Case Number
56346810
Judge(s)
Jyoti Singh

Detailed Summary

[Cites

55

, Cited by

0

]

Delhi High Court

Grm Foodkraft Pvt Ltd And Anr vs Ks Agro Impex And Anr on 29 May, 2026

Author:

Jyoti Singh

Bench:

Jyoti Singh

$~

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 29th May, 2026

+ CS(COMM) 637/2024

GRM FOODKRAFT PVT LTD AND ANR .....Plaintiffs

Through: Mr. J. Sai Deepak, Senior Advocate

with Mr. Utkarsh Joshi, Ms. Sudarshana

Bandyopadhyay, Mr. Vinay Thakur and Mr.

Abhishek, Advocates.

versus

KS AGRO IMPEX AND ANR. .....Defendants

Through: Mr. Chander M. Lall, Senior

Advocate with Mr. Ankur Sangal, Mr. Ankit

Arvind, Mr. Shaurya Pandey and Ms. Ananya

Mehan, Advocates for D-1.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J.

I.A. 35064/2024 (u/O XXXIX Rules 1 and 2

CPC

, filed by Plaintiff) and

I.A. 40114/2024 (u/O XXXIX

Rule 4 CPC

, filed by Defendant No. 1)

1. This judgment will dispose of an application filed by the Plaintiffs

under Order XXXIX Rules 1 and 2

CPC

and an application under

Order

XXXIX Rule 4 CPC

filed on behalf of Defendant No.1.

2. To the extent necessary, the case set up by the Plaintiffs is that

Plaintiff No.1 is a wholly owned subsidiary of Plaintiff No.2 and was

incorporated on 07.07.2020 and Plaintiff No.2 is an entity registered under

Companies Act, 1956

and was incorporated in 1995. In 1974, Plaintiffs'

predecessors commenced business of rice milling and processing as a family

business by the name of Garg Rice & General Mills. Between 1974-1979,

Signature Not Verified

Digitally Signed

By:KAMAL KUMAR CS(COMM) 637/2024 Page 1 of 62

Signing Date:08.06.2026

00:07:10

they established the first rice milling plant in Panipat, Haryana and during

this time they were only engaged in sale of rice in the domestic market.

Another milling plant was set up in 1980 and later in 1988, they commenced

their international business with export to Saudi Arabia and other middle

eastern countries. By 2024, Plaintiff No.2 had expanded its market presence

to encompass more than 38 countries, thereby attaining recognition of being

among the top basmati rice exporters from India.

3. It is stated that Plaintiffs' products earned recognition and

certification from prominent global associations for excellence in food

safety, packaging, storage and distribution and their products are certified

under Good Manufacturing Practice and Hazard Analysis Critical Control

Point standards, ensuring that rigorous protocols are followed throughout the

manufacturing process to guarantee safety and quality of its offerings.

Plaintiffs' goodwill and reputation, both internationally and in India, is

established by sales turnover for financial years 2020-2021 to 2022-2023, as

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court. Understanding the court's reasoning in Grm Foodkraft Pvt Ltd And Anr vs Ks Agro Impex And Anr is valuable context for structuring arguments or assessing risk in similar proceedings.

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