$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 761/2016 MR. RAJKUMAR SABU .....Plaintiff Through: Mr.Chander M.Lall,Senior Advocate along with Mr. Divyakant Lahoti, Ms. Vindhya Mehra, Ms. Samridhi Bhatt & Ms. Nupur, Advocates.

versus MS. KAUSHALYA DEVI SABU & ORS. .....Defendants Through: Ms.SwathiSukumar,SeniorAdvocate along with Mr. Lalltaksh Joshi, Mr. RitikRagubansh&Mr.SameerGupta, Advocates. CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 03.12.2025 I.A. 27497/2025

1. This is an Application under Order XXXIX Rule 2A read with Section 151 of the Code of Civil Procedure, 1908 read with Sections 12 and 2(b) of the Contempt of Courts Act, 1971 against the Defendants / Contemnors for wilful disobedience of the order dated 05.03.2024 passed by this Court and affirmed by the Division Bench of this Court vide order dated 13.10.2025 in FAO(OS)(COMM) No. 61/2024

2. Vide order dated 06.11.2025, the Notice was issued in this Application and the Defendants / Contemnors were directed to file an affidavit along with the undertaking that the Defendants / Contemnors have discontinued to manufacture, sale, import, export, offering for sale, advertising, distributing, directly or indirectly dealing in any manner any product under the Mark ‘SACHAMOTI’ and also file the inventory of the stocks available with the Defendants / Contemnors.

3. Pursuanttothesaidorder,anAffidavitdated17.11.2025hadbeenfiled in terms of the order dated 06.11.2025.

4. The learned Senior Counsel for the Plaintiff submits that the Plaintiff hasfiledaRejoinderdated01.12.2025andalsofiledalistofdocumentsdated 01.10.2025placingonrecordthedocumentstoshowthatdespitetheAffidavit of Undertaking submitted by the Defendants / Contemnors, the Defendants / Contemnors are still violating the orders of this Court. A copy of the said documents is handed over and the same is directed to be taken on record.

5. The learned Senior Counsel for the Plaintiff has also submitted that although the Defendants / Contemnors have stated that all the distributors / franchises have been informed by the Defendants / Contemnors by sending a letterandhaveannexedacopyoftheletter/communicationdated29.10.2025 along with the proof of dispatch in form of courier receipt, upon enquiry with the courier agency, it is found that the said letters were not dispatched until

22.11.2025.

6. Further, the learned Senior Counsel for the Plaintiff has relied upon the documents to show that the goods with the impugned Trade Mark ‘SACHAMOTI’ are still being shown on the website of the Defendants / Contemnors being www.sabuindia.in and also there are listings available online.

7. The learned Senior Counsel for the Defendants / Contemnors submits that the Defendants / Contemnors are in full compliance with the orders passedbythisCourtand,asperundertakinggivenbeforethisCourt,areready and willing to comply with each and every direction passed by this Court. As regards the dispatch of the letters to the distributors / franchises, the Defendants / Contemnors shall file an Affidavit of courier company showing the actual dispatch of the said letters. Let the same be filed within two weeks. 8. With regard to the additional documents filed by the Plaintiff, the learned Senior Counsel for the Defendants / Contemnors submits that the samewasreceivedbytheDefendants/Contemnorson02.12.2025andifthere is any mention of any goods being available online with the Mark ‘SACHAMOTI’ is found in these documents, the Defendants / Contemnors have already taken down and, in any event, shall take down the same within a period of two days, if not already taken down.

9. The learned Senior Counsel for the Defendants / Contemnors seeks time to file an Additional Affidavit in response to the averments made in the Rejoinder to the Reply to this Application as well as the Additional Documents filed by the Plaintiff within a period of two weeks. It is directed accordingly.

10. The learned Senior Counsel for the Defendants / Contemnors submits that Reply