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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M)-IPD 50/2025, CM 287/2025 & CM 288/2025

M/S VIBHAVA MARKETING CORPORATION .....Petitioner

Through: Mr. J. Sai Deepak, Senior Advocate

with Mr. Saket Gogia, Ms. Gauri

Pande, Ms. Sheetal Maggon and Mr.

Deepesh Meena, Advocates.

Versus

GORAMAL HARI RAM LIMITED .....Respondent

Through: Mr. Surinder Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 22.12.2025

1. This is a Petition under Article 227 of the Constitution of India

praying for setting aside the order dated 05.12.2005 (“Impugned Order”)

passed in CS(COMM) No.185/2022 (“Suit”) by learned District Judge

(Commercial Court)-01, Tis Hazari Courts, West District, Delhi

(“Commercial Court”).

2. By way the Impugned Order, the learned Commercial Court

dismissed three Applications filed by the Petitioner (Defendant in the Suit

as under:

(i) Application under Order VIII Rule 9 read with Section 151 of

the Code of Civil Procedure, 1908 (“CPC”) seeking permission

to file an additional Written Statement;

CM(M)-IPD 50/2025 Page 1 of 4

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 06/02/2026 at 09:31:28

(ii) Application under Order VIII Rule 1A read with Order XI Rule

14 read with Section 151 of the CPC to bring additional

documents on record; and

(iii) Application under Order VIII Rule 1A read with Order XI Rule

14 read with Section 151 of the CPC to bring Legal

Proceedings Certificates (“LPCs”) on record.

3. As regards the Application for filing additional Written Statement, the

Impugned Order records that the said Application has been filed after an

inordinate and unexplained delay after the conclusion of evidence and at the

stage of final arguments and if Petitioner is permitted to file additional

Written Statement at that stage, it would result in reopening of evidence and

trial of the Suit de novo, which will cause irreparable prejudice to the

Respondent (Plaintiff in the Suit) and abuse of process of Court.

Accordingly, the said Application was dismissed with costs of ₹10,000/- to

be paid to the Respondent.

4. The second Application filed for placing on record the Trade Mark

Registration Certificates pertaining to Marks “MONKEY 555 WONDER

WASH” and “MONKEY 555 THUNDER WASH” bearing registration Nos.

5211202 and 5213105, registered on 10.02.2024 and 07.02.2024

respectively (“Registration Certificates”), was also dismissed with costs of

₹10,000/- to be paid to the Respondent on the ground that the Registration

Certificates were issued more than 15 months ago and during that period the

Suit was listed for 13 times, yet the Petitioner never disclosed the existence

of the Registration Certificates.

CM(M)-IPD 50/2025 Page 2 of 4

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 06/02/2026 at 09:31:28

5. The third Application seeking leave to place on record the LPCs of

the Trade Mark bearing Nos. 521102 and 5213105 was also dismissed with

costs of ₹10,000/- to be paid to the Respondent on the ground that LPCs do

not constitute any new or independent document and are nothing but formal

authenticated copies of the registrations granted as of 07.02.2024 and

10.02.2024 and obtained only on 29.05.2025 i.e. more than 15 months after

the grant of the registrations.

6. The Impugned Order also records that no explanation whatsoever has

been provided by the Petitioner, who has been in power and possession of

the Registration Certificates and LPCs, as well as for seeking to file the

additional Written Statement.

7. This Petition was first listed on 19.12.2025 when after some

arguments, the learned Senior Counsel for the Petitioner and learned

Counsel for Respondent sought time to take instructions. Accordingly, the

matter was listed on 23.12.2025.

8. When the mat