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2025 Supreme(Online)(Del) 47174

IN THE HIGH COURT OF DELHI AT NEW DELHI
Tejas Karia, J
J. B. CHEMICALS AND PHARMACEUTICALS LIMITED VS. AVINASH SINGH MEHRA
CS(COMM) 1368/2025



Advocates:
For the Appellants/Petitioners: Pramod Kumar Singh, Aashta Sharma, Armaan Bhardwaj
For the Respondents:

An ex-parte ad-interim injunction and appointment of a Local Commissioner are granted when a prima facie case of trademark infringement is established, showing a likelihood of consumer confusion and irreparable injury to the brand's goodwill.

Headnote:The Plaintiffs sought an ex-parte ad-interim injunction and the appointment of a Local Commissioner against the Defendant for infringement of registered trademarks 'HERO' and its variants, as well as passing off and dilution. The Plaintiffs established their registration of trademarks across multiple classes and provided evidence of the Defendant manufacturing counterfeit seat covers and side bags at a unit in Agra. The Court found that the Defendant's actions were likely to cause consumer confusion and erode the goodwill of the Plaintiffs' marks. The primary issue was whether a prima facie case of trademark infringement and passing off existed to justify urgent interim relief. The Court reasoned that the Defendant was riding on the immense goodwill of the Plaintiffs and that the balance of convenience lay in favor of the Plaintiffs, as the continued sale of inferior counterfeit products would cause irreparable injury to the brand's reputation. Accordingly, the Defendant is restrained from manufacturing, selling, advertising, or dealing in any product under the Plaintiffs’ Marks ‘HERO’ or any deceptively similar marks, and a Local Commissioner is appointed to inspect and seize infringing products.

Table of Content
1. urgent interim relief justifies exemption from pre-institution mediation and advance service. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. procedural requirements for suit registration and filing of additional documents in commercial suits. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
3. establishment of trademark ownership and evidence of counterfeit manufacturing. (Para 18 , 19 , 20)
4. prima facie case and balance of convenience justify ex-parte ad-interim injunction to prevent brand dilution. (Para 21 , 22 , 23)
5. appointment of local commissioner to seize infringing goods to ensure compliance with injunction. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34)

O R D E R

I.A. No. 31938/2025 (Exemption from pre-institution Mediation)

1. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”).

2. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi , 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution Mediation is granted.

3. The Application stands disposed of.

I.A. No. 31937/2025 (Exemption from advance service to the Defendant)

4. This is an Application filed by the Plaintiffs under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking exemption from advance service to the Defendant.

5. Mr. Pramod Kumar Singh, learned Counsel for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendant may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.

6. In view of the fact that the Plaintiffs have sought an urgent ex-parte ad-interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendant is granted.

7. The Application is disposed of.

8. Let the Plaint be registered as a Suit.

9. Issue Summons. Let the Summons be served to the Defendant through all permissible modes upon filing of the Process Fee.

10. The Summons shall state that the Written Statement shall be filed by the Defendant within 30 days from the date of the receipt of Summons. Along with the Written Statement, the Defendant shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement shall not be taken on record.

11. Liberty is granted to the Plaintiffs to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendant be filed by the Plaintiffs, without which the Replication shall not be taken on record.

12. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

13. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

14. List before the learned Joint Registrar on 20.02.2026 for completion of service and pleadings.

I.A. No. 31936/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

15. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.

16. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.

17. Accordingly, the Application stands disposed of.

I.A. No. 31934/2025 (U/O XXXIX Rule 1 & 2 of CPC)

18. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.

19. The present Suit has been filed for per

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