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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 222/2025

PACHRANGA INTERNATIONAL INC. .....Plaintiff

Through: Mr. Kunal Khanna & Mr. Krtin

Bhasin, Advocates.

versus

VISHISHT MALIK TRADING AS M/S PACHRANGA FOOD

INDUSTRIES .....Defendant

Through: Mr. Rishub Kapoor, Advocate

(through VC).

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 23.12.2025

I.A. 32190/2025

1. This is an Application under Order XXVI Rule 9 read with Section

151 of the Code of Civil Procedure, 1908 (“CPC”) filed by the Plaintiff for

appointment of Local Commissioner.

2. The learned Counsel for the Plaintiff submitted that vide order dated

11.03.2025, an ex-parte ad-interim injunction was granted and a Local

Commissioner was appointed to visit the Defendant’s premises with

directions to conduct a search and seizure of the infringing goods and to

prepare an inventory thereof.

3. It was submitted that in compliance with the aforesaid order, the

Local Commission was executed on 18.03.2025 and during the Commission,

about 34,631 infringing materials were seized as mentioned in the Report of

the Local Commissioner dated 31.03.2025. The Report also mentions that a

specific area was designated at the premises located at TDI City Mall, near

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 23:10:20

Sukh Asan Chowk, Faridpur Road, Panipat, Haryana (“TDI Premises”).

4. The learned Counsel for the Plaintiff submitted that the Plaintiff

discovered that the Defendant had been continuously violating the inunction

granted vide order dated 11.03.2025. Accordingly, the Plaintiff conducted

further enquiry through its market sources and visited the TDI Premises of

the Defendant on 12.12.2025 to investigate the on-going violations by the

Defendant. The Plaintiff’s representative was shocked to find that the

Defendant had surreptitiously vacated the TDI Premises where the goods

were seized by the learned Local Commissioner without any prior intimation

to the Plaintiff or to this Court. The Plaintiff’s representative further

observed that the sealed tape affixed by the learned Local Commissioner had

been broken / removed and only a small amount of the seized Impugned

Products remained at the TDI Premises.

5. It was further submitted that the acts of the Defendant evince wilful

disobedience and also pose an imminent risk of further destruction of

evidence. Accordingly, a Local Commissioner is required to visit the TDI

Premises and any new premises where the Defendant has shifted the seized

goods.

6. When this Application was listed on 22.12.2025, the learned Counsel

for the Defendant submitted that the Defendant has not violated the order

dated 11.03.2025 and the goods seized by the learned Local Commissioner

are lying at the TDI Premises. The learned Counsel for the Defendant

submitted that instead of appointing a Local Commissioner, the Defendant

be directed to file an Affidavit providing the inventory of the goods lying at

the TDI Premises along with the photographs of the said goods.

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 23:10:20

7. In view of the above, the learned Counsel for the Plaintiff had sought

time to seek instructions from the Plaintiff. Accordingly, the matter was

adjourned for the said purpose.

8. The learned Counsel for the Plaintiff, on instructions, submitted that

the Plaintiff is agreeable if the Defendant is directed to file an Affidavit

providing the inventory of the goods lying at the TDI Premises along with

the photographs of the said goods so that if there is any discrepancy between

the Affidavit to be filed by the Defendant and the inventory enclosed with

the Report of the learned Local Commissioner, the Plaintiff can take

appropriate action