India / 2 restaurants Delhi and Faridabad reached Supreme Court for Sanjha Chulha name

Zoom News : Jan 09, 2023, 01:42 PM
Supreme Court on Sanjha Chulha: The dispute over the name between two restaurants of the same name in the national capital Delhi and Faridabad is increasing and the matter has now reached the Supreme Court. The owner of Delhi's 'Sanjha Chulha' restaurant has filed a case and has alleged that a dhaba is running in Faridabad in the name of his restaurant. Along with this, the owner of the restaurant has demanded a ban on the use of the name.

How did the dispute between the two restaurants begin?

In fact, there are restaurants named 'Sanjha Chulha' in Delhi's Kailash Colony, Defense Colony and Chittaranjan Park, owned by Nand Kishore. He claims that he started this restaurant in the year 1986-87 and has been running it since then, but there is another restaurant in Faridabad with the same name, due to which confusion is increasing among the customers.

According to a Times of India report, Nand Kishore's lawyer Vivek Tankha has claimed that Delhi-based 'Sanjha Chulha' restaurant is famous for Mughlai and Indian food, but the Faridabad restaurant is trying to capitalize on its name by using its name. Is. After this, he has filed a petition in the Supreme Court demanding a ban on the use of the name.

The term 'common hearth' colloquial term: SC

The case was heard by a bench of Chief Justice DY Chandrachud, Justice PS Narasimha and JB Pardiwala in the Supreme Court. During this, the bench asked Vakil Vivek Tankha, 'Can your client register the words 'Sanjha' and 'Chulha'. Or can he claim copyright on this word? Because, the words 'shared hearth' are colloquial words. Along with this, the court also said that if the restaurant is in Faridabad, then there is no question of cheating the customers.

Commercial Court and HC had already dismissed the petition

Earlier this case was already dismissed by the Commercial Court and the Delhi High Court. The commercial court also compared the sales of both the restaurants during the hearing, so in the year 2020-21, the restaurant in Faridabad had sold 33 times more than the restaurant in Delhi. After this, the court refused to ban the use of the name 'Sanjha Chulha'. Later, the Delhi High Court also upheld the decision of the Commercial Court in this matter.

The restaurant of Faridabad gave this argument

During the hearing in the commercial court, the Faridabad-based 'Sanjha Chulha' restaurant had said in its argument that this word has not been taken from any restaurant in Delhi. He told that it is a Punjabi word, which means community earthen stove. Along with this, he had also said that in the year 1990-91, a serial named 'Sanjha Chulha' used to come on Doordarshan.

SUBSCRIBE TO OUR NEWSLETTER