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Delhi High Court
Unibic Foods India Pvt Ltd vs Bikaner Bhujia Udyog Sangh on 18 March, 2026
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~2 & 3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 358/2025, CM APPL. 82047-51/2025
UNIBIC FOODS INDIA PVT LTD .....Appellant
Through: Mr. Dhruv Grover and Ms.
Sejjal Malik, Advocates.
versus
BIKANER BHUJIA UDYOG SANGH .....Respondent
Through: Mr. Varun Kajla, Advocate.
+ FAO (COMM) 364/2025, CM APPL. 82657-61/2025
UNIBIC FOODS INDIA PRIVATE LIMITED .....Appellant
Through: Mr. Dhruv Grover and Ms.
Sejjal Malik, Advocates.
versus
BIKANER BHUJIA UDYOG SANGH .....Respondent
Through: Mr. Varun Kajla, Advocate.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER(ORAL)
% 18.03.2026
C.HARI SHANKAR, J.
1. The dispute between the parties stands settled with the
intervention of Delhi High Court Mediation and Conciliation Centre.
The settlement agreement dated 16.03.2026 is on record. The terms of
settlement read thus:
"I. The Appellants state that they have taken appropriate steps to
cease all manufacturing, sale and use of the mark "UNIBIC
SWAADESI BIKANERI BHUJIA" as on the date of execution of
the present Settlement Agreement and shall continue to not,
directly or indirectly, manufacture, market, offer for sale (online or
offline), export, sell, distribute, advertise, or otherwise deal in any
product under or bearing the marks "UNIBIC SWAADESI
BIKANERI BHUJIA" and/or "BIKANBRI BHUJIA".
II. The Appellant shall to the best of its ability take all necessary
steps to remove and procure the removal of all online listings that
use or refer to the mark "UNIBIC SWAADESI BIKANERI
BHUJIA", and shall cease any further use thereof within two
weeks.
III. The Appellant has paid a sum of INR 6,50,000/- (Rupees Six
Lakhs and fifty thousand only) vide DD No. 767646 dated
February 18, 2026 drawn at HDFC Bank in favour of Bikaner
Bhujia Udyog Sangh to the Respondent as a final, one-time lump-
sum payment towards all, their claims, with no further amounts
payable by the Appellant.
IV. The Appellant undertakes that subject to the compliance by
both Parties of the terms of this Settlement Agreement, it will not
object to or challenge the Respondent's proprietary rights in respect
of the G.I. Bikaneri Bhujia, directly or indirectly. The Appellant
will not challenge the registration under no. 142 in class 30 of the
Respondent for the Geographical Indication mark "BIKANERI
BHUJIA" in any manner in any forum.
V. The Respondent agrees that it shall not object to the Appellant
manufacturing, marketing, offering for sale (online or offline),
exporting, selling, distributing, or otherwise dealing in namkeen or
related products under the Appellant's trade marks but not limited
to "UNIBIC"/ " "/ "SWAADESI"/ " "
and/or any other mark that does not include, incorportate, or
otherwise use "BIKANBRI BHUJIA" directly or indirectly in any
manner.
VI. The Appellant further undertakes that any pending application
filed by it under the trademark/label "Swaadeshi Bikaneri Bhujia or
any other or any trade mark identical or deceptively similar to the
G.I expression BIKANBRI BHUJIA of the Respondent shall be
withdrawn forthwith but not later than two weeks, at its own cost
and that it shall not file any further application for registration of
the said trademark/label or any trade mark identical or deceptively
similar thereto in future.
VII. The Appellant and Respondent agree that upon execution of
the present Settlement Agreement, the Parties shall jointly pray and
request the (a) Ld. Trial Court to accept the terms set-out in the
present Settlement Agreement and to decree the suit being CS
(COMM) No. 872 of 2025 in terms hereof; and (b) the Hon'ble
High Court to record the terms of this Settlement Agreement and to
dispose of the appeals filed by the Appellant in terms hereof.
VIII. The Parties agree that they have executed the present
Settlement Agreement by their free will and volition without any
force or pressure from anybody and shall bear their own legal costs
in respect of the present proceedings.
IX. The Parties also agree that they have understood the contents of
the present Settlement Agreement and consent that the terms of the
present Settlement Agreement are binding upon them, and as such
they shall not dispute the same ever in future.
X. The existence, nature, terms and conditions of this Settlement
Agreement are strictly confidential and shall not be disclosed by
the Parties in any manner or form, directly or indirectly, to any
other person or entity under any circumstances except in
accordance with applicable law. The terms of this Settlement
Agreement shall be effective between the Parties worldwide,
including India.
XI. The Parties undertake to present themselves through their
representatives before the Hon'ble Court during the
physical/virtual court hearings in order to confirm the terms of the
Settlement Agreement. The Parties undertake that they are bound
by this Settlement Agreement and shall abide by the terms and
conditions set out herein and agree to not dispute the same
hereafter in the future, except for reasonable cause such as in case
of any breach of the terms of this Settlement agreement, wholly or
partly.
XII. In the event one of the Parties is in breach of this Settlement
Agreement, the other Party shall be entitled to avail all remedies
available under applicable law against the Party in breach.
XIII. The signatories to this Agreement warrant that they are fully
empowered, legally qualified and duly authorized to sign, execute
and perform this Agreement on behalf of the Party and that this
Agreement constitutes a valid and binding obligation for the
respective Party that they represent."
2. The Court has perused the terms of settlement and has found
them to be enforceable and in order. Learned Counsel for the parties
are also present and undertake on behalf of their respective clients to
abide by the terms of settlement.
3. Accordingly, the suit as well as the present appeal shall stand
settled in terms of the aforenoted terms of settlement by which the
parties shall remain bound.
4. Accordingly, the appeals do not survive for consideration and
are disposed of.
C. HARI SHANKAR, J.
OM PRAKASH SHUKLA, J.
MARCH 18, 2026/pa
