Delhi High Court - Orders
Lenskart Solutions Limited vs Mr. Chetan Govind Vhand on 8 August, 2025
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 814/2025
LENSKART SOLUTIONS LIMITED .....Plaintiff
Through: Mr. Nishchal Anand, Ms. Janvi Jain,
Mr. Vaibhav, Mr. Ajay Thakur, Mr.
Sanchit Suri, Mr. Shubham Malhotra,
Advocates.
versus
MR. CHETAN GOVIND VHAND .....Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 08.08.2025 IA No.19388/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application is disposed of.
I.A. No.19389/2025 (Exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 ("CC Act").
4. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382, exemption from the requirement of pre- institution Mediation is granted.
5. The Application stands disposed of.
CS(COMM) 814/2025 Page 1 of 21This 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 22/08/2025 at 22:17:45 IA No.19387/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
6. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ("CPC"), as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.
7. The Plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
8. Accordingly, the Application stands disposed of. I.A. No.19385/2025 (Exemption from advance service to the Defendant)
9. This is an Application filed by the Plaintiff under Section 151 of the CPC seeking exemption from advance service to the Defendant.
10. Mr. Nishchal Anand, learned Counsel for the Plaintiff, submits that there is a real and imminent likelihood that the Defendant may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.
11. In view of the fact that the Plaintiff has sought an urgent ex-parte ad- interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendant is granted.
12. The Application is disposed of.
I.A. No.19386/2025 (Extension of time to file Court Fees)
13. The present Application has been filed by the Plaintiff under Section 149 read with Section 151 of the CPC, seeking exemption from payment of Court Fees at the time of the filing of the Suit.
14. Considering the submissions made in the present Application, time of two weeks is granted to file the Court Fees.
CS(COMM) 814/2025 Page 2 of 21This 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 22/08/2025 at 22:17:45
15. The Application stands disposed of.
CS(COMM) No. 814/202516. Let the Plaint be registered as a Suit.
17. Issue Summons to the Defendant through all permissible modes upon filing of the Process Fee.
18. The Summons shall state that the Written Statement shall be filed by the Defendant within 30 days from the date of the receipt of Summons. Along with the Written Statement, the Defendant shall also file an Affidavit of Admission / Denial of the documents of the Plaintiff, without which the Written Statement shall not be taken on record.
19. Liberty is granted to the Plaintiff to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of Defendant be filed by the Plaintiff, without which the Replication shall not be taken on record.
20. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
21. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
22. List before the Joint Registrar on 17.10.2025 for completion of service and pleadings.
I.A. No. 19383/2025 (U/O XXXIX Rule 1 & 2 of CPC)
23. Issue Notice to the Defendant through all permissible modes upon filing of the Process Fee.
24. The Plaintiff have filed the present Suit seeking relief of permanent CS(COMM) 814/2025 Page 3 of 21 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 22/08/2025 at 22:17:45 injunction restraining the Defendant from infringing the Plaintiff's Trade Marks 'Lenskart', 'LENSKART AIR', 'LENSKART AIR FLEX', 'AIR FLEX', 'AIR Fusion', 'AIRish', 'AIR Swaps', 'AIR Switch Grip', 'AIR Wrap', 'Lenskart AIR HUSTLER', 'Lenskart AIR Play', 'Lenskart AIR Pro Fit', 'Lenskart AIR Slim', 'Lenskart AIR Switch', ' ', ' ', ' ', ' ' and other ancillary reliefs ("Subject Trade Marks").
25. The Plaintiff, Lenskart Solutions Limited, is a company incorporated as per the provisions of the Companies Act, 1956 in the year 2008 and is engaged in the business of manufacturing, importing, marketing, promoting and selling, inter alia, eyewear, optical glasses, sunglasses, and related goods and services. The Plaintiff is widely known for offering diverse selection of luxury and affordable eyewear and optical technology, both domestically and internationally.
26. The learned Counsel for the Plaintiff submitted that the Plaintiff, in order to ensure that its products are readily available to its consumers, has partnered with various e-commerce platforms, including but not limited to Amazon, Flipkart, Myntra, Ajio, Nykaa, Nykaa Fashion, Tata Cliq, First Cry, Zepto, Blink It, Cred, Google Pay, PhonePe, Paytm, Magic Pin, Amazon Pay, etc.
27. The learned Counsel for the Plaintiff submitted that Plaintiff's 'Lenskart' Trade Mark is coined term adopted for promotion of the goods CS(COMM) 814/2025 Page 4 of 21 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 22/08/2025 at 22:17:45 and services of the Plaintiff and is thus, inherently distinctive to the Plaintiff, especially considering that the Plaintiff is the first adopter of the mark 'Lenskart' and has been using the same continuously and extensively since the year 2008. The Trade Marks ' ', ' ' and ' ' adopted by the Plaintiff are unique and recognizable and perform a source- identifying function for the Plaintiff's goods and services. The copyright in the Subject Trade Marks with the Plaintiff and the Plaintiff is the registered owner of the artistic and distinctive copyright / label of 'LENSKART', registered under Copyright Registration No. A-114479/2015, in accordance with the Copyright Act, 1957, as amended till date.
28. The learned Counsel for the Plaintiff submitted that the Plaintiff has registered its domain name, www.lenskart.com on 04.10.2010. The Plaintiff has been promoting their goods and services under the Subject Trade Marks through various social media platforms including but not limited to Facebook, Instagram, X, LinkedIn, WhatsApp, YouTube.
29. The learned Counsel for the Plaintiff submitted that since the year 2008, the Plaintiff has extensively and continuously invested substantial sums of money in promoting and advertising its products and services under the Subject Trade Marks across various media, including hoardings, print, television, and electronic platforms. The Plaintiff is also a partner sponsor of the renowned business reality television series Shark Tank India, Season 4 which is broadcasted and is also available for streaming in many countries worldwide.
30. The learned Counsel for the Plaintiff submits that the Plaintiff is the CS(COMM) 814/2025 Page 5 of 21 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 22/08/2025 at 22:17:45 registered proprietor of numerous Trade Marks across various categories and has applied for registration of its other marks in India, the details of which have been tabulated below as mentioned in Paragraph No. 22 of the Plaint:
Mark Class Application Date of Status
No. Application
Lenskart 42 2202717 9th September Registered
2011
35 2211721 27th Registered
September
2011
th
35 2566727 18 July 2013 Registered
9,35, and 44 2889509 22nd January Registered
2015
th
44 5586621 29 August Registered
2022
9 5586622 29th August Registered
2022
th
5 5586623 29 August Registered
2022
th
35 5586624 29 August Registered
2022
th
AIR FLEX 35 4056039 14 January Registered
2019
th
AIR FLEX 9 4056042 14 January Registered
2019
AIR Fusion 9 6310930 20th February Registered
2024
th
AIR Fusion 35 6310930 20 February Objected
2024
th
AIRish 35 3701334 13 December Registered
2017
th
Air Swaps 35 6310934 20 February Registered
2024
th
Air Swaps 9 6310933 20 February Registered
2024
Air Switch 35 6310936 20th February Objected
Grip 2024
CS(COMM) 814/2025 Page 6 of 21
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 22/08/2025 at 22:17:45 Air Switch 9 6310935 20th February Objected Grip 2024 th Air Wrap 35 6310932 20 February Registered 2024 th Air Wrap 9 6310931 20 February Objected 2024 LENSKART 9 3589238 11th July 2017 Registered AIR LENSKART 35 3589239 11th July 2017 Registered AIR LENSKART 35 3701332 13th December Registered AIR 2017 th LENSKART 35 4056043 14 January Registered AIR FLEX 2019 Lenskart AIR 9 5700246 28th Registered HUSTLR November 2022 Lenskart AIR 35 5700248 28th Registered HUSTLR November 2022 th Lenskart AIR 9 6322510 27 February Registered Play 2024 Lenskart AIR 44 5700250 28th Registered HUSTLR November 2022 LENSKART 35 6322511 27th February Registered AIR Play 2024 th LENSKART 9 6322514 27 February Registered AIR Pro Fit 2024 th LENSKART 9 6310937 20 February Registered AIR Slim 2024 th LENSKART 35 6322515 27 February Registered AIR Pro Fit 2024 th LENSKART 35 6322509 27 February Registered AIR Slim 2024 LENSKART 9 6322512 27th February Registered AIR Switch 2024 th LENSKART 35 6322513 27 February Registered AIR Switch 2024 th LENSKART 9 3701329 13 December Registered AIR 2017 CS(COMM) 814/2025 Page 7 of 21 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 22/08/2025 at 22:17:45 AIRish 9 3701330 13th December Registered 2017
31. The learned Counsel for the Plaintiff submits that besides possessing the registrations in India, the Plaintiff also has registrations for its ' ' Mark in foreign jurisdictions as set out in Paragraph No. 23 of the Plaint. The details of the applications filed by Plaintiff in various countries have been tabulated below:
Mark Country Classes Application Status Number Qatar 44 157448 Registered Qatar 9 157446 Registered Qatar 35 157447 Registered Indonesia 35 IDM000596010 Registered Malaysia 35 201505644 Registered 9 Brazil 35 909044422 Registered UAE 44 311971 Registered New Zealand 9, 35, 44 1027507 Registered CS(COMM) 814/2025 Page 8 of 21 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 22/08/2025 at 22:17:45 Australia 9, 35, 44 1720613 Registered Singapore 9, 35, 44 40201515936X Registered Philippines 9, 35, 44 1264172 Pending Germany, 9, 35, 44 1264172 Registered Belgium, Finland, Russian Federation, Portugal, Bulgaria, Japan, Denmark, Lithuania, Luxembourg, Croatia, Latvia, France, New Zealand, Hungary, Sweden, Singapore, Slovenia, Slovakia, UK, Ireland, USA, Estonia, Switzerland, Malta, European Union, China, Greece, Italy, Spain, Austria, Australia, Cyprus, CS(COMM) 814/2025 Page 9 of 21 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 22/08/2025 at 22:17:45 Czech Republic, Philippines, Poland, Romania, Netherlands, Türkiye UAE 35 311970 Registered Vietnam 9, 35, 44 VN-4-2021- Pending 27030 Japan 9, 35, 44 2015-360208 Registered UAE 9 311969 Registered UK 9, 35, 44 UK00801264172 Registered Canada 35 TMA1028194 Registered
32. The learned Counsel for the Plaintiff further submits that the Plaintiff also possesses copyright of the Marks ' ', ' ', ' ', ' ', and ' '. Besides that, the Plaintiff also holds copyright in the overall look and feel of its store layout / trade dress as a whole, as well as in its individual components, including but not limited to the signage affixed on the front door ' ', the 'Next Day Delivery - For Single Vision Glasses' sticker, ' ', the display CS(COMM) 814/2025 Page 10 of 21 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 22/08/2025 at 22:17:45 board showcasing the offer 'Free Lens Replacement', ' ' and the LED Board with the Plaintiff's ' ' Mark in transparent form situated above the words 'Free Eye Test', ' ' which constitute 'original artistic works' as per the provisions of the Copyright Act, 1957.
33. The learned Counsel for the Plaintiff submitted that the Plaintiff in the month of August 2025 discovered that the Defendant opened a retail eyewear store under the trade name 'Lenscut' addressed at Shop No. 4, Kingstone Avenue, Pimple Saudagar, Opposite Govind Garden, Samrat Nagar, Pune, Maharashtra - 411027 ("Impugned Outlet"). The Impugned Outlet is located right next to the Plaintiff's outlet, which is located at 3, Kingstone Avenue, Pimple Saudagar, Opposite Govind Garden, Samrat Nagar, Pune, Maharashtra - 411027.
34. The Defendant is engaged in the commercial sale and distribution of eyewear, including prescription glasses, sunglasses, contact lenses, and other allied, cognate, and associated goods, and services.
35. The learned Counsel for the Plaintiff submitted the Impugned Outlet bears the Marks ' ' on its exterior hoarding. Furthermore, the CS(COMM) 814/2025 Page 11 of 21 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 22/08/2025 at 22:17:45 Mark ' ' and ' 'is displayed at several places inside the Impugned Outlet. The Defendant is also using the Mark ' ' on the uniforms worn by the employees working at the Impugned Outlet, ' '. The Defendant is using the Mark, ' ' which is copied from the Plaintiff's Marks, being ' ' and ' ' ("Impugned Trade Marks").
36. Upon such discovery, the Plaintiff's representatives visited the Impugned Outlet and made two purchases, against which 56 invoices were issued to him. The learned Counsel for the Plaintiff further submitted that by issuing such invoices, the Defendant is not only engaging in misrepresentation at the point of sale but is also extending the deception to after-sales documentation. The similarities between the Plaintiff's and CS(COMM) 814/2025 Page 12 of 21 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 22/08/2025 at 22:17:45 Defendant's store layout and Trade Marks have been reproduced below:
Photographs of the Plaintiff's Photographs of the Comments proprietary layout / trade Defendant's dress Impugned Outlet The Defendant has copied the similar lighting setup, placement of signages and the overall decor as that of the Plaintiff's proprietary layout / trade dress.
The 'Next Day
Delivery - For Single
Vision Glasses
coupled with the
lightning bolt' sticker
has been blatantly
copied by the
Defendant.
CS(COMM) 814/2025 Page 13 of 21
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 22/08/2025 at 22:17:45 The Defendant has Affixed the 'Free Lens Replacement' display board at a similar place i.e., extreme left of the front door as that of the Plaintiff.
Furthermore, the
Defendant has also
copied the colour
combination and the
font styling.
The Defendant has
affixed an LED
Board which is
identical to the LED
Board placed at the
Plaintiff's entry door
and the placement of
such LED Board is
strikingly similar to
the placement of the
LED Board by the
Plaintiff.
37. Upon further inquiry, the Plaintiff ascertained that the Impugned CS(COMM) 814/2025 Page 14 of 21 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 22/08/2025 at 22:17:45 Outlet is being operated and controlled by one, Mr. Chetan Govind Vhand, who, as per the online resources available, operates several other eyewear outlets in Pune, Maharashtra under the Trade Names 'Lenscut.com', 'Eyecon Optical', 'Eyecon Eye Clinic' and 'EyeMax'.
38. The learned Counsel for the Plaintiff submitted that pursuant to discovering the infringing activities of the Defendant, the Plaintiff conducted an inspection of the records of the Trade Marks Register. The Plaintiff found out that the Defendant has also filed a Trade Mark Application for the Mark 'Lenscut' bearing Application No. 6771380 filed with a user date of 01.01.2023 under Class 35 for the services 'Retail, wholesale, online, offline selling of eyeglasses and sunglasses'.
39. The learned Counsel for the Plaintiff submitted that the Plaintiff came across posts on the platform, www.reddit.com, owned and operated by Reddit, Inc. where various users of the said platform have written about the actual confusion being caused by the opening of the store by the Defendant under the Impugned Marks.
40. Having considered the submissions advanced by the learned Counsel for the Plaintiff, the pleadings and the documents on record, a prima facie case has been made out on behalf of the Plaintiff. Balance of convenience is in favour of the Plaintiff and against the Defendant. Irreparable injury would be caused to the Plaintiff if the Defendant is allowed to continue the sale of goods at the Impugned Outlet.
41. The Plaintiff has made out a prima facie case for grant of an ex-parte ad-interim injunction. Accordingly, the Defendant, their directors, group companies or sister concerns, individual proprietors / partners, agents, representatives, distributors, heirs, successors, stockists and all others acting CS(COMM) 814/2025 Page 15 of 21 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 22/08/2025 at 22:17:45 for and on their behalf are restrained from manufacturing, using, selling, soliciting, marketing, enquiring, importing, exporting, displaying, advertising physically or through social networking websites or through its or by any other mode or manner dealing in or using the Impugned Trade Mark 'Lenscut', ' ', ' ', ' ', ' ' and ' 'or any other word / mark / trade dress which may be identical with and / or deceptively similar word / mark / trade dress to the Plaintiff's Subject Trade Mark, 'Lenskart', 'LENSKART AIR', 'LENSKART AIR FLEX', 'AIR FLEX', 'AIR Fusion', 'AIRish', 'AIR Swaps', 'AIR Switch Grip', 'AIR Wrap', 'Lenskart AIR HUSTLER', 'Lenskart AIR Play', 'Lenskart AIR Pro Fit', 'Lenskart AIR Slim', 'Lenskart AIR Switch', ' ', ' ', ' ', and ' '.
42. Let the Reply to the present Application be filed within four weeks after service of pleadings and documents. Rejoinder thereto, if any, be filed before the next date of hearing.
43. The compliance of Order XXXIX Rule 3 of the CPC be done within two weeks.
44. List before this Court on 24.11.2025.
CS(COMM) 814/2025 Page 16 of 21This 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 22/08/2025 at 22:17:45 I.A. No.19384/2025 (for Appointment of Local Commissioner)
45. The present Application has been filed by the Plaintiff under Order XXVI Rule 9 read with Order XXXIX Rule 7 of the CPC, seeking appointment of a Local Commissioner. The Court has considered the merits of the Plaintiff's case and has granted an ex-parte ad-interim injunction as recorded above in I.A. 19384/2025 under Order XXXIX Rule 1 & 2 of the CPC.
46. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint Local Commissioner to visit the Defendant's premises at the following addresses:
Sr. No. Particulars Name of Local
Commissioner
1. M/s Lenscut Mr. Kaustubh Kiran Kandpile,
Advocate
Shop No. 4, Kingstone
Avenue, Opposite [Mobile No. +91 9820980240]
Govind Garden, Samrat
Nagar, Pimple
Saudagar, Pune,
Maharashtra - 411027
and
M/s. Lenscut.com
Dighi Rd., Opposite
Eyecon Optical Sandvik
Colony, Bhosari, Pune
Pimpri-Chinchwad,
Maharashtra - 411039
47. The mandate of the Local Commissioner is as under:
CS(COMM) 814/2025 Page 17 of 21This 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 22/08/2025 at 22:17:45
i) The Local Commissioner shall visit the premises of the Defendant as per the above table, to inspect and seize any impugned products, fully or semi-manufactured infringing products of the Defendant bearing the infringing mark / label 'Lenscut', ' ', ' ', ' '' ' and ' ' or packaging which is identical or deceptively similar to the Plaintiff's Subject Trade Mark 'Lenskart', 'LENSKART AIR', 'LENSKART AIR FLEX', 'AIR FLEX', 'AIR Fusion', 'AIRish', 'AIR Swaps', 'AIR Switch Grip', 'AIR Wrap', 'Lenskart AIR HUSTLER', 'Lenskart AIR Play', 'Lenskart AIR Pro Fit', 'Lenskart AIR Slim', 'Lenskart AIR Switch', ' ', ' ', ' ', and ' '. ;
ii) If knowledge is acquired of any other premises than the aforesaid premises, where the goods being eyewear, optical glasses, sunglasses, and related goods and services, with the Impugned Trade Marks could be stored or services can be provided from, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well;CS(COMM) 814/2025 Page 18 of 21
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 22/08/2025 at 22:17:45
iii) The Local Commissioner shall also inspect and seize any product materials including pamphlets, brochures, stickers, packaging materials, dyes or blocks used for preparing the manufacturing materials, display boards, sign boards, advertising material, dies or blocks, unfinished, packed, unpacked impugned goods or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the impugned products can take place;
iv) The Local Commissioner shall also obtain the details as to since when infringing goods or products are being used by the Defendant under the Impugned Trade Marks 'Lenscut', ' ', ' ', ' '' ' and ' 'or and obtain copies of the accounts if the same is found to be sold in market;
v) The Local Commissioner shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records and any other books of record or commercial transactions kept at the premises of the Defendant, and take photocopy and / or record of all such transactions that pertain to impugned goods, if any. The Defendant shall cooperate and give passwords to the computers and the files containing the accounts, if the same is stored on the computer or a specific software;
CS(COMM) 814/2025 Page 19 of 21This 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 22/08/2025 at 22:17:45
vi) After preparation of the inventory, the infringing goods under the Impugned Trade Marks including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, banners, signage, cartons and other material bearing the Impugned Trade Marks and packaging which are similar to the Plaintiff's Trade Mark shall be released to the Defendant on superdari. The monetary value of the stock shall also be ascertained;
vii) The Local Commissioner is also permitted to break open the locks, with police help, if access to the premises where the infringing goods and products have been stocked / manufactured, is denied to the Commissioner;
viii) Upon being requested, the concerned Station House Officer (SHO) in Pune, Maharashtra shall render necessary cooperation for execution of the Commission, as per this order;
ix) The Local Commissioner is permitted to take photographs and videographs of the proceedings of the Commission, if it is deemed appropriate. Two representatives of the Plaintiff, which would include a lawyer, are permitted to accompany the Local Commissioner;
x) The Local Commissioner, while executing the Commission, shall ensure that there is no disruption to the business of the Defendant, except for the purposes of the execution of the Commission. The Commission shall be executed in a peaceful manner.
48. A copy of this Order be provided to the Local Commissioner and the same will be served upon the Defendant by the Local Commissioner at the CS(COMM) 814/2025 Page 20 of 21 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 22/08/2025 at 22:17:45 time of execution of the Commission.
49. The fees of the Local Commissioner is fixed at ₹2,00,000/- (Rupees Two Lakhs only) excluding out of pocket expenses, travel, lodging etc. All the aforesaid expenses shall be borne by the Plaintiff and paid in advance to the Local Commissioner named hereinabove.
50. The Commission shall be executed on 14.08.2025, and the report of the Local Commissioner shall be filed within a period of two weeks thereafter.
51. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commission.
52. It is directed that this Order shall be uploaded on the Court's website after the execution of the Commission is completed, to enable effective execution thereof.
53. List before this Court on 24.11.2025.
54. Order dasti under the signature of Court Master.
TEJAS KARIA, J AUGUST 8, 2025 'N'/ 'SMS' CS(COMM) 814/2025 Page 21 of 21 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 22/08/2025 at 22:17:45