RFA 130/2021 Page 1 of 26

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: September 21, 2022

+

RFA 130/2021 & CM APPL. 7838/2021

DR. AMITABHA SEN

..... Appellant

Through:

Dr. Amitabha Sen, Appellant in

person with Mrs. Aditi Pandey and

Mr. Abhinav, Advs. with appellant in

person

versus

M/S. SPORTSWORLD INTERNATIONAL LIMITED

& ORS.

..... Respondents

Through:

Dr. Lalit Bhasin, Ms. Ananya

Marwah, Ms. Sayani Chatterjee and

Mr. Ajay Pratap Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

J U D G M E N T

V. KAMESWAR RAO, J

CM APPL. 7838/2021

1.

This is an application seeking condonation of 154 days in

filing the appeal.

2.

For the reasons stated in the application, the same is allowed.

3.

Application disposed of.

RFA 130/2021

4.

This appeal has been filed by the appellant Dr. Amitabha Sen

challenging the judgment / decree dated March 04, 2020, whereby the

suit filed by the appellant for unlawful conspiracy, unlawful business

practices,

violation

of

public

policy,

defamation,

fraud,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003780

RFA 130/2021 Page 2 of 26

misrepresentation, extortion, denigration, harassment, humiliation,

breach of contract, intentional interference with prospective economic

advantage, invasion of privacy and breach of covenant of good faith

and fair dealing, was dismissed.

5.

The prayers made in the suit were primarily the following:-

6.

In effect, the suit of the appellant was primarily a suit for

recovery of ₹10 lakh with 18% interest and for award of damages, with

a further prayer for taking action against the defendant No.10. The

case of the appellant, as set up in the plaint was that the Respondent

No.l, (Sportsworld International Ltd,) is a powerhouse in Sports and

owns almost 400 retail stores in the U.K. and is present all over the

world, through its subsidiaries and agents. It owns a large number of

trademarks like "DUNLOP", "DUNLOP SLAGENZER", "D-

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003780

RFA 130/2021 Page 3 of 26

DEVICE", "CARLTON LONDON" and "PANTHER & DEVICE" in

India. The products are sold through licensees such as Spartan Sports

India and Mayor International Limited. The "Carlton" products are

handled in the Indian market through the Carlton Overseas Private

Limited, Gurgaon.

7.

On January 18, 2002, the appellant was retained by the agents

of the Respondent No.l, to protect and promote the IP rights and

interests in India. It has been stated that on May 08, 2006, appellant

met respondent No.2 in Toronto, Canada and the Respondent No.2

instructed the appellant on behalf of Dunlop Slazenger Group to carry

out a plethora of work for Dunlop Slazenger Group Limited (DSGL)

and asked the appellant to undertake certain task for Respondent No. 3

(Integrated Brand Management Ltd (IBML) on behalf of Dunlop

Slazenger Group Limited.

8.

It was stated that appellant was instructed by Respondent No. 2

to file 31 Notices of Opposition against India Tyre & Rubber Company

(India) Limited and the deadline for filing the same was on June 07,

2006. The governmental filing fees alone was close to USD 2,000.00/-,

the appellant asked for payment of at least the costs for filing.

9.

That on June 06, 2006, the respondent terminated appellant’s

retainer-ship from filing the Notices of Opposition. The appellant's

claim was against Respondent Nos. 1 to 4. According to him, their

acts have caused the appellant loss of Professional Fees and immense

harassment, defamation and humiliation.

10.

It was stated, the appellant came to know that the 31 Notices of

Opposition we