1. Trademark infringement and passing off suit — Settlement talks before mediation centre failed. (Para 1 )
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2026 Supreme(Online)(Del) 4026
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J
Harkesh Girdhar – Appellant
Versus
Harish Girdhar – Respondent
C.O.(COMM.IPD-CR) 40/2025
Advocates:
For the Appellants/Petitioners: Manish Dhir
For the Respondents: Rakesh Raushan, Gaurav Barathi
For the Appellants/Petitioners: Manish Dhir
For the Respondents: Rakesh Raushan, Gaurav Barathi
Legal Category Hierarchy
- intellectual property
- practice and procedure
Table of Contents
2. Party sought consolidation of proceedings due to related prior suits; respondent sought stay. (Para 12 , 15 )
3. Applications for exemption, additional documents allowed; notice issued on consolidation and stay; listed. (Para 4 , 7 , 10 , 14 , 17 , 20 , 21 , 22 )
4. What is the procedure for seeking exemption from filing original or certified documents under Section 151 CPC?
The court may allow exemption subject to filing compliant copies within a specified period with advance copies to the other side. (Para 3 , 4 , 6 , 7 )
5. What is the procedure for seeking leave to file additional documents in a commercial suit?
Under Order XI Rule 1(4) CPC read with Commercial Courts Act, 2015, the court may allow the filing of additional documents within a specified time. (Para 9 , 10 )
6. What is the procedure for seeking consolidation of related intellectual property proceedings?
Under the Delhi High Court Intellectual Property Rights Division Rules, 2022 read with Section 151 CPC, the court issues notice on such applications and allows replies and rejoinders. (Para 13 , 14 , 20 )
O R D E R
% 12.02.2026
1. Learned counsel for the parties submit that the settlement talks before the Delhi High Court Mediation and Conciliation Centre have failed.
I.A. 15186/2025 (Exemption from filing original documents, legible copies, margin and translated copies of documents.)
2. This is an application filed under Section 151 of Code of Civil Procedure, 1908, on behalf of petitioner seeking exemption from filing clear, legible and English translated copies of the documents/annexure.
3. Exemption allowed, subject to all just exceptions. However, clear, legible and English translated copies of the documents/annexure be filed within six weeks with an advance copy to the respondents.
4. The application stands disposed of.
I.A. 15188/2025 (Exemption from filing certified copy of respondent no.1 copyright registration certificate)
5. This is an application filed under Section 151 of Code of Civil Procedure, 1908, on behalf of petitioner seeking exemption from filing certified copy of the Copyright Registration Certificate and certified copy of pleadings in Suit bearing CS (COMM) 575/2024, titled as Harkesh Girdhar vs.
Harish Girdhar.
6. Exemption allowed, subject to all just exceptions. However, certified copy of the Copyright Registration Certificate and certified copy of pleadings in Suit bearing CS (COMM) 575/2024, titled as Harkesh Girdhar vs. Harish Girdhar, be filed within six weeks with an advance copy to the respondents.
7. The application stands disposed of.
I.A. 15187/2025 (Additional Documents)
8. The present application has been filed on behalf of the petitioner under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (‘CPC’) as applicable to commercial suits under the Commercial Courts Act, 2015, seeking leave to place on record additional documents.
9. For the reasons stated therein, the application is allowed. The additional documents as prayed for, be filed within thirty days with an advance copy be furnished to the respondents.
10. Accordingly, the application stands disposed of.
I.A. 3954/2026 (Consolidation of proceedings)
11. This is an application filed under Rule 26 of the Delhi High Court Intellectual Property Rights Division Rules, 2022 read with Section 151 of the Code of Civil Procedure, 1908, filed on behalf of respondent no.1 seeking consolidation of proceedings.
12. Learned counsel for the respondent no.1 states that the petitioner herein has filed the Suit for infringement and passing off with respect of trademark “HUNNY” under CS(COMM) 575/2024 captioned as “Harkesh Girdhar vs. Harish Girdhar” and MISC DJ 546/2025 captioned as “Harish Girdhar vs. Harkesh Girdhar” pending before the learned District Commercial Court-01, Shahdara District, Karkardooma, Delhi, which has been filed prior to the present proceedings.
13. Issue notice.
14. Notice is accepted by Mr. Manish Dhir, learned counsel appearing for the petitioner who seeks and is granted four weeks’ time to file reply.
Rejoinder, if any, be filed within two weeks thereafter.
I.A. 15185/2025 (Stay)
15. Present application has been filed on behalf of the petitioner under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908, seeking ex-parte injunction against the respondents.
16. Issue notice.
17. Notice is accepted by Mr. Rakesh Raushan, learned counsel on behalf of respondent no.1, who seeks and is granted four weeks time to file reply.
Rejoinder thereto, be filed within two weeks thereafter.
C.O.(COMM.IPD-CR) 40/2025
18. Learned counsel for respondent no.1 submits that a reply has been filed. 19. However, on the perusal of the record, it appears that the same is not on the record.
20. Keeping in view of the fact that application seeking filing additional documents has been allowed today, the respondent no.1 is permitted to file a fresh composite reply encompassing the documents permitted to be placed on record today. The same be done within four weeks. Rejoinder thereto be filed within four weeks thereafter.
21. Mr. Gaurav Barathi, learned counsel enters
