Back
2026 Supreme(Online)(Del) 882
IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
Nadeem Majid Oomerbhoy – Appellant
Versus
Kirorimal Kashiram Marketing And Agencies Private Limited – Respondent
C.O. (COMM.IPD-TM) 2/2026 | C.O. (COMM.IPD-TM) 3/2026
For the Appellants/Petitioners: Tahir Ashraf Siddiqui, Kartikey Sahai, Mayur Punjabi
For the Respondents: Shravan Kumar Bansal, Shruti Manchanda, Nidhi Raman, Arnav Mittal, Akash Mishra
The court exercised its discretion under Section 151 CPC to condone procedural non-compliance regarding filing limits and consolidated trademark rectification petitions scheduled for a future hearing date.
Headnote:The Petitioner filed applications under Section 151 CPC seeking leave to exceed the page limits for synopses and chronologies. The Court allowed the applications. Subsequently, the Petitioner moved for the cancellation of trademark registrations under Sections 47 and 57 of the Trade Marks Act, 1999, regarding the word mark 'POSTMAN'. The issues concern the procedural permissibility of filing detailed documents and the substantive challenge to trademark registrations for non-use or rectification. The Court observed the need for administrative efficiency by linking these petitions with a connected matter, CM (M)-IPD 20/2025. The Court allowed the applications and issued notice to the Respondents, scheduling the next hearing date for 18.03.2026.
| Table of Content |
|---|
| 1. court grants leave under s.151 cpc to exceed filing limitations. (Para 1 , 2 , 3 , 4) |
| 2. issuance of notice and scheduling of trademark cancellation petitions. (Para 5 , 6 , 7 , 8 , 9 , 10) |
O R D E R
I.A. 321/2026 in C.O. (COMM.IPD-TM) 2/2026
I.A. 322/2026 in C.O. (COMM.IPD-TM) 3/2026
1. These applications are filed on behalf of the Petitioner under Section 151 CPC seeking permission to file synopsis and list of dates and events exceeding the permissible limit.
2. Issue notice.
3. Counsels, as above, accept notice on behalf of the respective Respondents.
4. For the reasons stated in the applications, the same are allowed and disposed of.
C.O. (COMM.IPD-TM) 2/2026
C.O. (COMM.IPD-TM) 3/2026
5. These petitions are filed on behalf of the Petitioner under Sections 47 and 57 of the Trade Marks Act, 1999 for cancellation of Registration Nos. 1535110 and 1348680 for the trade mark ‘POSTMAN’ (Word Mark) in Class 39 and Class 35 respectively in the name of Kirorimal Kashiram Marketing and Agencies Private Limited as also to award the costs of these proceedings to the Petitioner.
6. At the outset, learned counsel for the Petitioner hands over a copy of order dated 18.12.2025, whereby connected petitions, one of them being CM (M)-IPD 20/2025 have been directed to be listed on 18.03.2026 and requests that these petitions be listed on the same date.
7. Issue notice.
8. Counsels, as above, accept notice on behalf of the respective Respondents.
9. Notice be issued to Respondent No. 3 through all permissible modes, returnable on 18.03.2026.
10. List on 18.03.2026 along with CM (M)-IPD 20/2025.
