IN THE HIGH COURT OF DELHI AT NEW DELHI
TATA SONS PRIVATE LIMITED VS. MARTUJ ALI & ANR.
CS(COMM) 1181/2025
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1181/2025 PUREPLAY SKIN SCIENCES INDIA PVT. LTD......Plaintiff Through: Ms. Deepika Pokharia and Mr.
Priyansh Kohli, Advocates.
Versus LORD OF COSMETICS .....Defendant Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
O R D E R
% 05.12.2025 I.A. No. 30477/2025
1. This is an Application under Order XXVI Rule 9 and Order XXXIX Rule 7 read with Section 151 of the Code of Civil Procedure, 1908 seeking appointment of a Local Commissioner.
2. The Plaintiff moved an Application being I.A.No.27462/2025seeking an ex-parte ad-interim injunction along with an Application being I.A. No. 27463/2025 seeking an appointment of a Local Commissioner. Vide order dated 06.11.2025, this Court granted ex-parte ad-interim injunction and appointed a Local Commissioner.
3. Thereafter, the Plaintiff moved an Application being I.A. No. 28964/2025 seeking extension of a period of two weeks for the execution of the Local Commission as granted vide order dated 06.11.2025. The learned Counsel for the Plaintiff submitted that the Plaintiff could not execute the Commission in terms of the order dated 06.11.2025 as the Plaintiff’s representative had received information that the Defendant had removed the impugned products forming the subject matter of the present Suit from its address at B-9, Road No. 65, Main Road Naveen Shahdara, Near Welcome Metro Station, Muskan Chowk, Delhi – 110051 and shifted them to another undisclosed location. The said Application was listed on 20.11.2025 and the following order was passed:
“1. This is an Application filed under Section 151 of the Code of Civil Procedure, 1908, seeking extension of the period for execution oftheLocalCommission,asdirectedvideorderdated06.11.2025,by a further period of two weeks.
2. The learned Counsel for the Plaintiff submits that the time granted vide order dated 06.11.2025 is expiring today, however, the Plaintiff has not been able to execute the said Local Commission as the Plaintiff has received information that the Defendant has moved the impugned products forming the subject matter of the present Suit from the previously identified address, i.e., B-9, Road No. 65, Main Road Naveen Shahdara, Near Welcome Metro Station, Muskan Chowk, Delhi - 110051 to another unidentified location.
3. The learned Counsel for the Plaintiff submits that the Plaintiff isinprocess ofidentifyingthenewlocationof theimpugnedproducts and requires some time to move an appropriate Application for modification of the order dated 06.11.2025 for conducting Local Commission at new address on another date.
4. Accordingly, the direction to execute the Local Commission, as provided in the order dated 06.11.2025, is suspended till further orders.
5. It is directed that this Order shall be uploaded on the Court's websiteaftertheexecutionoftheCommissioniscompleted, toenable effect! execution thereof.
6. The Application stands disposed of.”
4. The learned Counsel for the Plaintiff submitted that the Plaintiff has been unable to identify any new premises where the Defendant may be stocking the impugned products and the Plaintiff now has information and reasons to believe that the Defendant has re-stocked the impugned products atitsoriginaladdressatB-9,RoadNo.65,MainRoadNaveenShahdara,Near Welcome Metro Station, Muskan Chowk, Delhi – 110051.
5. In view of the submissions by the learned Counsel for the Plaintiff and averments made in the Application, the present Application is allowed. The order dated 06.11.2025 is modified to the extent that the Local Commission shall be conducted within a period of two weeks from date.
6. Either the learned Counsel for the Plaintiff or the learned Local Commissioner is directed to collect the certified copy of this Order from the Registry (Dispatch Branch) before the execution of the Commission.
7. The learned Local Commissioner shall carry the certified copy of this OrderforexecutionoftheCommissionandacopyofthesameshallbeserved upon the Defendant by the learned
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