It's still cultural appropriation. The guy is profiting off of another culture's cuisine. He didn't create or develop the menu - it was obviously stolen in the first place unless the dude was raised in India.
This is silly. Indian dishes are not copyrighted and are very tasty and anyone is welcome to open a restaurant for Indian cuisine. As long as folks know that this is Indian food, what is the problem here?
In my views cultural appropriation is taking something from another culture, claiming it as your own and denying the original culture any rights to this aspect of their culture - this is actually damaging and oppressive and is what is connected to imperialism and colonialism and what is actually wrong. Not a white guy starting an indian restaurant that harms no one. Unless his cooking is shit.
For example, Indians have been using Turmeric in their cooking for around 5000 years. They have found that this has health benefits and have included it in their traditional medicine. Now research has proved that the Curcumin in Turmeric does indeed have benefits, including for breaking up plaque formation in Alzheimers. The Americans now want to patent Curcumin as a therapeutic chemical! - This is what I would call cultural appropriation - get exclusive rights to traditional medicines long used by other cultures and then deny those cultures the right to work with this stuff.
I have often seen Indian mythical characters, stories and Hindu Gods depicted on science fiction TV series in the West as strange aliens and exotic beings. Stargate SG - 1 had some of these Gods as Goauld - evil alien creatures. The 2004 Battlestar Galactica had Indian chants/prayers used for the colonists and the opening theme. How many Westerners recognized that? Or gave credit to Bear Mcreary instead for coming up with this strange, alien song? If there is an exotic/strange/alien land in Scifi, Indian stuff is often used.
Black Panther is often praised for the fictional Wakanda. But how many folks know that that the Jabari tribe's God, hailed by M'Baku is an actual Hindu God Hanuman seen all around India? So Americans borrow the name of an actual religion's God to build up a fictional, non-Hindu culture for making a Hollywood blockbuster for profit. Did anyone know that Hanuman is an actual thing in Hindu cullture? Or did they think that the Black Panther creaters came up with it? Did the creators acknowledge where they got this from? If not, then this is cultural appropriation.
In essence, don't take from other cultures and pretend that it's your own. Don't take from other cultures and vilify it and use it make other cultures look bad. Don't take from other cultures and prevent those other cultures from using it. - All this would constitute cultural appropriation.
Other than that, there is nothing at all wrong with using or even profiting off elements of other cultures. Go for it, I say. Make the world more inclusive.