IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gela, J
Tata Sons Private Limited – Appellant
Versus
Vikram Tea Processor Private Limited – Respondent
C.O. (COMM.IPD-TM) 132/2026|C.O. (COMM.IPD-TM) 133/2026
| Table of Content |
|---|
| 1. procedural compliance for filing additional documents and seeking exemptions for legible documentation. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. enforcement and implementation of existing settlement terms regarding trademark and packaging modifications. (Para 7 , 8 , 9 , 10 , 11) |
O R D E R
20.04.2026
I.A. 10585/2026 in C.O. (COMM.IPD-TM) 132/2026 and I.A. 10587/2026 in C.O. (COMM.IPD-TM) 133/2026 (Additional Documents)
1. The present application has been filed on behalf of the petitioners 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 (‘CC Act’) seeking leave to place on record additional documents.
2. The petitioners are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
3. Accordingly, the application stands disposed of.
I.A. 10586/2026 in C.O. (COMM.IPD-TM) 132/2026 and I.A. 10588/2026 in C.O. (COMM.IPD-TM) 133/2026 (Exemption)
4. This is an application filed on behalf of the petitioners under Section 151 of CPC seeking exemption from filing clearer copies of documents which are dim, illegible and unclear along with the captioned suit.
5. Exemption allowed, subject to just exceptions. However, true typed/translated/clear copies of the documents with proper margins be filed within four weeks with an advance copy to the respondents.
6. The application stands disposed of.
C.O. (COMM.IPD-TM) 132/2026 & C.O. (COMM.IPD-TM) 133/2026
7. Mr. Pravin Anand, learned counsel appearing for the petitioners states that in an identical matter bearing CS(COMM) 852/2024, the Coordinate Bench of this Court had passed the following order on 25.02.2026:
“1. This suit is instituted by the Plaintiffs seeking permanent injunction restraining the Defendant and all others acting on its behalf from directly or indirectly dealing in products bearing infringing marks VIKRAM GOLD and VIKRAM ELAICHI and packaging/trade dress and/or and/or from using any other mark/packaging/trade dress identical/deceptively similar to Plaintiffs’ marks TATA TEA GOLD and TATA TEA ELAICHI CHAI as also packaging/trade dress which are identical/deceptively similar to Plaintiffs’ packaging/trade dress.
2. During the pendency of the suit, parties have amicably settled their inter se disputes on the following terms:-
(i) The Defendant acknowledges the Plaintiffs to be the sole proprietors of the registered trademarks and brands TATA TEA, TATA TEA GOLD and TATA TEA ELAICHI CHAI and the below-mentioned unique, peculiar and distinctive packaging of their said products (hereinafter referred to as the Plaintiffs' packaging) along with all Intellectual Property rights associated therewith:
(ii) The Defendant undertakes to never use the Plaintiffs registered trademarks / brands TATA TEA, TATA TEA GOLD and TATA TEA ELAICHI CHAI and the Plaintiffs' packaging and all Intellectual Property rights associated therewith in any form or manner; and
(iii) That going forward, the Defendant undertakes to use the below mentioned packaging/trade dresses for their VIKRAM GOLD AND VIKRAM ELAICHI branded tea products or any other packaging/ trade dresses which are not similar to the Plaintiffs' packaging/ trade dresses as mentioned in Paragraph No. 3(i) of the present settlement agreement:
(iv) The Defendant further confirms that other than their packaging mentioned at paragraph no. 2 above, they are not using and have not applied for the registration of any other packaging / device mark that may be deceptively similar to the Plaintiffs' packaging in any form or manner whatsoever; and
(v) That the Defendant undertakes that going forward, they will not file any trademark or copyright or any other application for registration of the Plaintiffs registered trademarks TATA TEA, TATA TEA GOLD and TATA TEA ELAICHI CHAI and the Plaintiffs' packaging or any other deceptively similar mark or packaging before the Trademarks
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