Delhi High Court - Orders
Nike Innovate C.V vs Kawal Deep Singh, Proprietor Of ... on 17 November, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~215
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1730/2025
NIKE INNOVATE C.V. .....Petitioner
Through: Mr. Anirudh Bakhru, Mr. Rishi
Bansal, Mr. Rishabh Gupta, Ms.
Ayushi Arora and Ms. Jaanvi Rathi,
Advocates.
versus
KAWAL DEEP SINGH, PROPRIETOR
OF FASHIONISTA & ORS. .....Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 17.11.2025
1. This hearing has been done through hybrid mode. CM APPL. 71832/2025 (exemption)
2. Allowed, subject to all just exceptions. Application is disposed of accordingly.
CONT.CAS(C) 1730/2025 & CM APPL. 71833/2025 (seeking exemption from making advance service to the respondents)
3. The present petition under Sections 11/12 of the Contempt of Courts Act, 1971 read with Section 151 of the CPC, 1908 seeks following prayers:-
"(i)Initiate Appropriate Action against the Respondents/ Contemnors for willful Violation and Disobedience of the Order/Judgement and Compromise Decree dated 13.10.2025 passed in CS (Comm) No. 270/2025 titled as "Nike Innovate C. V & Anr. v. Kawai Deep Singh Proprietor of Fashionista & Ors.";
This is a digitally signed order.
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(ii) Arrest and Detain the Respondents/Contemnors and other persons of authority of the Defendants/Respondents/Contemnors' Proprietorships in a Civil Prison on account of violating the terms and conditions of the mediation Settlement Agreement dated 30.07.2025 being part of the Compromise Decree dated 13.10.2025 passed by the Ld. Trial Court;
(iii) Direct the Contemnors/Respondents to forthwith stop the sale of the impugned products;
(iv) Direct the Defendants/Respondents/Contemnors to pay compensatory damages to the Petitioner/Plaintiff herein as per the discretion of this Hon'ble Court;
(v) Pass any other order as this Hon'ble Court may deem fit and proper, in the interest of justice."
4. The present petition has been filed alleging wilful disobedience of the judgment and compromise decree dated 13.10.2025 passed in CS (Comm) No. 270/2025 in titled as, "Nike Innovate C.V. & Anr. v. Kawal Deep Singh Proprietor of Fashionista & Ors.".
5. The aforesaid civil suit was instituted based on a plaint filed by the petitioner/plaintiff under Sections, 134, 135, 29 & 27 of the Trademarks Act, 1999, Sections 51 & 55 of the Copyright Act, 1957, seeking permanent injunction restraining infringement of trademarks and copyright, passing off, delivery up and rendition of accounts etc. against the respondent(s) herein/Defendant No.1. During the pendency of the said suit, the matter was referred to mediation and the parties arrived at a settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi, vide MoU/Settlement Dated 30.07.2025. Relevant terms and conditions of the said MoU/Settlement dated 30.07.2025 read as under: -
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:41:23 "1. That all the defendants warrant and undertake that they shall, with immediate effect, refrain from infringing in any way and for any reason whatsoever, the present and future Intellectual Property Rights of the Plaintiffs, including but not limited to the Nike Trademarks, trade names, domain names, social media handles, designs, copyrights, or other signs which may be identical or similar thereto. The defendants further undertake to not use, manufacture, sell, solicit, display, advertise or deal in counterfeit or any infringing products bearing Nike Trademarks, or products otherwise which may infringe the Intellectual Property Rights of plaintiffs.
3. That the defendants undertake that, by itself and through its proprietor/partners, its affiliates, subsidiaries and franchises, agents, representatives, distributors, assigns, heirs, successors, stockists, importers, and all others acting for and, on their behalf, they will not use in any manner and through any mode or medium:
4. The impugned marks/ labels (as mentioned in the Plaint) which is identical with and/or deceptively similar to the plaintiffs said trademarks/labels, in relation to goods/services in class 25 or in relation allied/related/cognate goods; or"
6. Based on the aforesaid settlement arrived between the parties, the aforesaid suit was disposed of by learned District Judge (Commercial Court)-
05, West Distt., Tis Hazari Court, Delhi, vide order 13.10.2025 by observing This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:41:23 as under: -
"It is submitted by the Ld. Counsel for the plaintiff that the present matter has been settled between the plaintiff and the defendants through Mediation Cell and since the defendants have already paid the settlement amount of Rs.5,60,000/- to the plaintiff and they have also undertaken that with immediate effect, they shall refrain from infringing in any way and for any reason whatsoever, the present and future intellectual property rights of the plaintiffs, thus, a compromise decree may be passed in this matter in terms of the mediation settlement.
The order dated 30.07.2025 passed by the Mediation Cell has been received. The same is Ex.PX. As per Mediation Settlement, the defendants have already made payment of the settlement amount of Rs.5,60,000/- to the plaintiff. The defendants have also given other undertakings regarding infringement of trademarks etc. In the facts and circumstances of the case and the submissions made on behalf of both the parties as well as considering the Mediation Order Ex.PX, a compromise decree in terms of Mediation settlement (Ex.PX) is hereby passed. Both the parties shall be bound by the terms and conditions of the settlement Ex.PX.
Court fee be refunded to the plaintiff as per rule.
Decree sheet be prepared. File be consigned to record room."
7. Learned counsel for the petitioner/plaintiff submits that the respondents in wilful disobedience of the aforesaid undertaking given to the Court are still infringing the trademarks and copyright of the petitioner by passing off its goods. Attention of this Court has been drawn towards the photographs of the test purchases of products bought from the respondents'/contemnors' shops as also the screenshots from their social media demonstrating selling, soliciting the goods bearing the trademarks and copyrights of the petitioner/plaintiff after the disposal of the aforesaid suit on the basis of the undertaking of the respondents. (Annexure A-8 (colly) starting from page This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:41:23 Nos. 743 to 763 of the petition shows the concerned photographs from the shops of the respective respondents in chronology)
8. Prima facie, the respondents are guilty of contempt of the order dated 13.10.2025 passed in CS (COMM) No. 270/25.
9. On the petitioner taking necessary, issue notice to the respondents, through all permissible modes, returnable for the next date of hearing. The said notice shall indicate that the respondents shall appear in-person before the Court on the next date of hearing.
10. Let reply/counter affidavit be filed by the respondents before the next date of hearing.
11. List on 21.01.2026.
CM APPL. 71852/2025 (Order 26 Rule 9 & Order 39 Rule 7 r/w Section 151 of the CPC)
12. The present application under Order XXVI Rule 9 and Order XXXIX Rule 7 of the CPC read with Section 151 of the CPC, 1908 seeks the following prayers:-
"Under the circumstances stated hereinabove, it is humbly prayed that this Hon'ble Court may be pleased to appoint a Local Commissioner and direct her/him:
a. To visit the premises of the Contemnors/Respondents at the following addresses located at:
(i) Shop No. 12, Block 6, Gurudwara Road, Block 9, Nursery, Tilak Nagar, Delhi - 110018, India
(ii) Shop No. 11/3B, Central Market, Tilak Nagar, Delhi - 110018, India
(iii) Shop NO. 16/23,AB, Mangal Bazar Road, Opposite Mother Dairy, Block 16, Tilak Nagar, Delhi - 110018, India
(iv) Shop No. 54A, Block 11, Tilak Nagar, Delhi - 110018, India
(v) Shop No. A55, Mangal Bazar Road, Block 16, Tilak Nagar, Delhi - 110018, India This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:41:23
(vi) Shop No. - 13/25B, Mangal Bazar Road, Tilak Nagar,Delhi - 110018, India
(vii) 16/23 AB, Shop No. 3, Opposite Mother Dairy, Mangal Bazar Road, Tilak Nagar, Delhi- 110018 Wherein the Contemnors/Respondents have stored the impugned products and are supplying the same to the various points of sales even after passing of the consent decree dated 13 .10.2025 and take in his/her custody all the impugned goods including other incriminating materials like stationery, packing material, cartons, containers, display boards, sign boards, advertising material, dies or blocks, finished, unfinished, packed, unpacked impugned goods or any other documents, wrapper, computers, machinery etc., bearing the petitioner's said trademark/label/trade dress NIKE [with or Wherein the Contemnors/Respondents have stored the impugned products and are supplying the same to the various points of sales even after passing of the consent decree dated 13 .10.2025 and take in his/her custody all the impugned goods including other incriminating materials like stationery, packing material, cartons, containers, display boards, sign boards, advertising material, dies or blocks, finished, unfinished, packed, unpacked impugned goods or any other documents, wrapper, computers, machinery etc., bearing the b. To also visit other premises at the identification of the Petitioner/Applicant where the impugned activities are being carried on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:41:23 by or on behalf of the Contemnors/Respondents or the impugned products are being stored and supplied by or on behalf of the Contemnors/Respondents or where the impugned products are expected to be found.
c. To make inventory and seize all the impugned goods on Superdari, found at the above-mentioned addresses or any other premises of the Contemnors/Respondents.
d. To access and read the account books including ledger, cash register, stock register, invoices, books etc., related to the storage and sale of the impugned products and take copies of the same.
e. To break upon the locks, if required, for taking possession of the impugned goods.
f. To seek police assistance from the local police station, if required, for execution of the commission.
Such other and further order(s) may also be passed in favour of the Petitioner/Applicant, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice."
13. Learned counsel for the petitioner/applicant submits that the respondents being in violation of the terms and conditions of the consent decree based on which the aforesaid suit filed by the petitioner was drawn, ought not to be permitted to carry on the activities, as pointed out hereinabove, and the goods sold and displayed in violation of the order dated 13.10.2025 are to be taken into custody. Reliance has been placed on orders dated 05.08.2022 & 21.12.2023 passed in CONT.CAS(C) 828/2022 & CONT.CAS(C) 1932/2023 respectively, passed by learned Coordinate Benches of this Court wherein under similar circumstances, the said Benches had appointed Local Commissioners to visit the premises of the contemnors therein and take into custody all offending and incriminating goods/materials This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:41:23 on the principle that alleged contemnors should not be permitted to enjoy the fruits of the continuous contempt being committed by them by selling the offending product in a deceptively similar trade dress, in violation of the order/decree passed by the Court. Thus, in view of the same, it is prayed that Local Commissioner(s) may be appointed in the present case.
14. Perusal of the photographs placed on record at Annexure A-8 (colly) showing the test purchases of products bought from the shops, as also the screenshots from respondents' social media demonstrates active selling, soliciting of the goods bearing the trademarks/labels and copyrights of the petitioner/plaintiff after the disposal of the aforesaid suit. This material shows that the respondents' are selling and soliciting the said products in violation of the aforesaid consent decree and order dated 13.10.2025 as well as the terms of settlement agreement dated 30.07.2025. In view of these facts and circumstances of the present case, this Court is of the opinion that Local Commissioners need to be appointed.
15. The following are appointed as Local Commissioners to visit the following respective locations of respondent Nos.1 to 7: -
Respondent Location Name of Local
Nos. Commissioner
1. Shop No. 12, Block 6, Mr. Aditya Bhardwaj
Gurudwara Road, Block 9, +91 99992 88522
Nursery, Tilak Nagar, Delhi -
110018, India
2. Shop No. 11/3B, Central Mr. Ajay Avinashi
Market, Tilak Nagar, Delhi - +91 96502 73105
110018, India
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:41:23
3. Shop No. 16/23, AB, Mangal Mr. Mukesh Kumar Bazar Road, Opposite Mother +91 98108 47250 Dairy, Block 16, Tilak Nagar, Delhi - 110018
4. Shop No. 54A, Block 11, Ms. Mercy Hussain Tilak Nagar, Delhi - 110018, +91 98730 82898 India
5. Shop No. A55, Mangal Bazar Mr. Rajat Sehgal Road, Block 16, Tilak Nagar, +91 99995 50282 Delhi - 110018, India
6. Shop No. - 13/25B, Mangal Ms. Saakshi Garg Bazar Road, Tilak +91 98104 46376 Nagar,Delhi - 110018, India
7. 16/23 AB, Shop No. 3, Mr. V.P. Garg Opposite Mother Dairy, +91 98991 31510 Mangal Bazar Road, Tilak Nagar, Delhi- 110018
16. The Local Commissioners shall take into custody all the impugned goods including other incriminating materials like stationery, packing material, cartons, containers, display boards, sign boards, advertising material, dies or blocks, finished, unfinished, packed, unpacked impugned goods or any other documents, wrapper, computers, machinery etc., bearing the petitioner's said trademark/label/trade dress NIKE, as noted in clause 2 of the aforesaid settlement agreement which has been reproduced thus: -
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:41:23 " "
17. The fees of the Local Commissioners is fixed at Rs.1,00,000/- each (excluding out of pocket expenses) which shall be borne by the petitioner. The Local Commissioners shall visit the aforesaid premises on 18.11.2025.
18. The SHO of the local police station is directed to render all possible assistance to the Local Commissioners for discharging the commissioner.
19. The Local Commissioners will have power to break open locks with the assistance of the local police. The Local Commissioner shall also be entitled to inspect the books of accounts including ledger, cash register, stock register, invoices, books etc., related to the storage and sale of the impugned products and take copies of the same.
20. The Local Commissioners shall file report(s) regarding the aforesaid within one week of the execution of the commission.
21. The Registry shall inform/convey the abovementioned Local Commissioners present order for necessary information and compliance on their respective contact numbers individually.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:41:23
22. Copy of the order be sent to SHO, PS Tilak Nagar, for necessary information and compliance and through electronic mail, if any.
23. This order shall not be uploaded on the website of this Court till the execution of the commission.
24. Order be given dasti under the signatures of the Court Master of this Court.
AMIT SHARMA, J NOVEMBER 17, 2025/sn/ns This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 20:41:23