# In the matter of Shakti Bhog Foods Ltd. & Anr. vs. Kumar Food Industries Ltd. & Ors.

> HC judgment dated 2023-11-10. Citation: TCN-2023-HC-00018. The case revolves around a trademark dispute concerning the mark 'SHAKTI BHOG'. Plaintiff No. 1,…

- **Court:** HC
- **Order date:** 10 Nov 2023
- **Citation:** TCN-2023-HC-00018
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/shakti-bhog-foods-ltd-anr-vs-kumar-food-industries-ltd-ors-8070d713

## Summary

### Background

The case revolves around a trademark dispute concerning the mark 'SHAKTI BHOG'. Plaintiff No. 1, Shakti Bhog Foods Ltd. (SBFL), is undergoing Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016. A winding-up petition was initially filed against SBFL in December 2015, which was admitted in January 2018. Subsequently, CIRP was initiated by another creditor. The Plaintiffs filed a suit seeking a permanent injunction against infringement, passing off, and damages related to the trademark 'SHAKTI BHOG'. Defendant No. 1 has filed a counterclaim claiming ownership of the mark. The dispute also involves an assignment deed dated December 30, 2017, where SBPL allegedly assigned the trademark to Defendant No. 1 for a consideration of Rs.

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## Facts

Shakti Bhog Foods Ltd. (SBFL), the Plaintiff No. 1, is undergoing Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016. A winding-up petition was filed against SBFL in December 2015 and admitted in January 2018. Subsequently, CIRP was initiated. The Plaintiffs filed a suit seeking a permanent injunction against trademark infringement related to 'SHAKTI BHOG'. Defendant No. 1 filed a counterclaim asserting ownership of the trademark. Defendant No. 10, Mr. Kewal Krishan Kumar, established a business under the mark ‘SHAKTI BHOG' in 1975. In the early 1990s, SBFL and Defendant No. 1 were incorporated by Defendant No. 10. In 2017, Defendant No. 10 resigned from Defendant No. 1. An assignment deed dated December 30, 2017, purportedly

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## Issues and analysis

### Issue 1: Whether the assignment deed dated December 30, 2017, assigning the trademark ‘SHAKTI BHOG' from …

**Ratio:** An assignment deed must comply with all legal requirements, including proper stamping and

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**Reasoning:** The court noted several issues with the assignment deed, including the non-payment of

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**Interpretation:** The court is interpreting the requirements for a valid assignment deed and

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**Application:** The ratio is applied to the specific facts of the case, where the Plaintiffs

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## Parties

- **Judges:** PRATHIBA M.…
- **Appellants:** SHAKTI BHOG FOODS…
- **Respondents:** KUMAR FOOD…
- **Other parties:** Kohi…

## Timeline

- **2015-12-01 — Winding up petition…**: A winding up petition being Co.Pet.No. 987/2015 titled CFSIT. INC v. Shakti Bhog Foods…
- **2018-01-18 — Winding up petition…**: The winding up petition was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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