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2025 Supreme(Online)(Del) 46764

IN THE HIGH COURT OF DELHI AT NEW DELHI
M/S BRILLOCA LTD. VS. SIMANDHAR CERAMIC AND ANR
CS(COMM) 382/2023



##PAGE1##

$~49

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 382/2023 & I.A. 16023/2025

ASHIRVAD PIPES PRIVATE LIMITED .....Plaintiff

Through: Mr. Prashant Gupta, Adv. (through

vc)

versus

VISHAL KUMAR SINGH TRADING AS MS VISHAL

ELECTRICALS .....Defendant

Through: Ms. Rajni Singh (in person)

Ms. Geetika Antil, Adv. (through vc)

CORAM:

HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 23.12.2025

1. This is a suit for restraining infringement, passing off, unfair trade

practices, dilution, and for seeking damages under Sections 27, 29, and 135

of the Trademarks Act, 1999.

2. The plaintiff is a company engaged in the business of manufacturing

and selling pipes under the trade name AHIRVAD/

[‘subject mark’] since 1975.

3. The defendant was engaged in the business of selling water pumps,

and has applied for the registration of the mark

[‘impugned mark’] under application no. 5766525

dated 16.01.2023 in class 7, which is pending consideration. The defendant

CS(COMM) 382/2023 Page 1 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 22:26:14

##PAGE2##

has commenced the manufacturing of products under the impugned mark

which is deceptively similar to the subject mark.

4. The plaintiff, being aggrieved by the defendant’s infringing acts, has

thus instituted the present suit.

Permanent Injunction

5. Ms. Rajni Singh is present in Court. Ms. Geetika Antil, Advocate on

behalf of the defendant, has joined the proceedings through video

conferencing and identifies Ms. Singh. Ms. Singh has been regularly

representing the defendant in this suit.

5.1. Learned counsel and Ms. Singh states that the relief for permanent

injunction in terms of the relief sought in paragraph 39(i), (ii), and (iii) of

the plaint may be passed against the defendant as the defendant is not

contesting the claims of the plaintiff in the subject mark.

6. In view of the aforesaid no contest, the relief for permanent injunction

as prayed for at paragraph 39 (i), (ii), and (iii) is hereby passed in favour of

the plaintiff and against the defendant.

Legal Costs

7. Learned counsel for the plaintiff states that the plaintiff would be

satisfied if legal costs are awarded in favour of the plaintiff. The statement

of costs amounting to Rs. 13,42,050/- has been placed on record.

8. In response, the defendant states that it can pay legal costs up to Rs. 2

lakhs in a reasonable period of time. It is stated that defendant has limited

financial means.

9. In response, learned counsel for the plaintiff states that legal costs be

awarded as per discretion of the Court.

10. Having considered the submissions of the parties, legal costs to the

CS(COMM) 382/2023 Page 2 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 22:26:14

##PAGE3##

extent of Rs. 2 lakhs are hereby awarded in favour of the plaintiff and

against the defendant. The defendant is granted eight [8] weeks’ time to pay

these costs to the plaintiff failing which it will be liable to pay interest at

15% per annum on the said costs.

11. The remaining reliefs are disposed of as not pressed.

12. The registry is directed to draw up a decree in terms thereof.

13. Accordingly, the suit stands disposed of. Pending applications, if any,

stand disposed of.

14. All future dates stand cancelled.

15. The digitally signed copy of this order, duly uploaded on the official

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated

as a certified copy of the order for the purpose of ensuring compliance. No

physical copy of the order shall be insisted by any authority/entity or

litigant.

MANMEET PRITAM SINGH ARORA, J

DECEMBER 23, 2025/msh/aa

CS(COMM) 382/2023 Page 3 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified f

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