Delhi High Court - Orders
Ab Skf vs M/S Ketan Trading Corporation & Ors on 8 May, 2026
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 264/2026
AB SKF .....Plaintiff
Through: Mr. Saif Khan and Ms. Diya
Viswanath, Advocates.
versus
M/S KETAN TRADING CORPORATION & ORS. .....Defendants
Through: Mr. Abhishek Malhotra, Senior
Advocate with Mr. Kartikay Dutta
and Ms. Anukriti Trivedi, Advocates
for D1, 2 & 4.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 08.05.2026 I.A. 12877/2026
1. This is an Application filed on behalf of Defendant No. 4 under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking deletion of Defendant No. 4 from the array of Parties.
2. The learned Senior Counsel for Defendant No. 4 submits that Defendant No. 4 has been impleaded by the Plaintiff on the basis of an alleged familial association and not on the basis of any direct material showing participation in the acts complained of.
3. He further submits that Defendant No. 4 is not carrying out any activities in trading, reselling or manufacturing of the goods in question or any allied goods and is, in fact, engaged in construction and infrastructure project business activities.
CS(COMM) 264/2026 Page 1 of 4This 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 11/05/2026 at 21:50:26
4. Accordingly, the learned Senior Counsel for Defendant No. 4 submits that Defendant No. 4 is neither a necessary nor a proper Party to the present proceedings.
5. It is difficult to decide the role of Defendant No. 4 at this stage of the proceedings as there are averments made against Defendant No. 4 in the Plaint, which requires adjudication.
6. At this stage, the learned Senior Counsel for Defendant No. 4, on instructions, submits that Defendant No. 4 is willing to file an undertaking on Affidavit that Defendant No. 4 is not carrying on any activities in trading, reselling or manufacturing of any product, which has the name / mark 'SKF' or the trade dress and / or any other mark, which is identical or deceptively similar to the Trade Mark 'SKF' or has any intention to do so in future.
7. Accordingly, let the said undertaking be filed on Affidavit by the Authorised Representative of Defendant No. 4 within a period of two weeks from date.
8. Once such undertaking on Affidavit is filed, an appropriate order in this Application may be passed for decreeing the present Suit against Defendant No. 4 in terms of the said undertaking and the statement made in the present Application by Defendant No. 4.
9. List on the date fixed, i.e. 09.07.2026.
I.A. 12979/202610. This is an Application filed on behalf of Defendant No. 2 under Order I Rule 10 read with Order XXII Rule 4 and Section 151 of the CPC.
11. The learned Senior Counsel on behalf of Defendant No. 2 submits that Defendant No. 2 was the sole proprietorship concern of the mother of the proprietor of Defendant No. 1.
CS(COMM) 264/2026 Page 2 of 4This 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 11/05/2026 at 21:50:26
12. It is submitted that the sole proprietor of Defendant No. 2 has passed away on 04.04.2026. The learned Senior Counsel on behalf of Defendant No. 2 has also handed over the Death Certificate dated 16.04.2026, which is taken on record.
13. The learned Counsel for the Plaintiff submits that in view of the statement made on behalf of Defendant No. 2 that its sole proprietor has passed away on 04.04.2026, the Plaintiff has no objection for deletion of Defendant No. 2 from the array of Parties. However, Defendant No. 2 being a proprietorship concern, the learned Counsel for the Plaintiff submits that if the business of Defendant No. 2, i.e. M/s R.K. Trading Corporation is taken over by any person or entity, the same would be required to be disclosed by the legal heirs of the sole proprietor of Defendant No. 2.
14. The learned Senior Counsel appearing on behalf of Defendant No. 2 states that he would need some time to take instructions in respect of the same and would file an appropriate Affidavit within a period of four weeks.
15. Accordingly, list on the date fixed, i.e. 09.07.2026.
I.A. 12883/202616. This is an Application filed on behalf of Defendant No. 1 under Section 151 of the CPC seeking direction against the Plaintiff from not issuing any further communications to the customers / clients of Defendant No. 1 on the basis of the information obtained during the execution of the Local Commission or otherwise from the business records / data of Defendant No. 1.
17. Issue Notice. The learned Counsel for the Plaintiff accepts Notice.
18. The learned Senior Counsel for Defendant No. 1, after some arguments, seeks time to place on record the communications issued by the CS(COMM) 264/2026 Page 3 of 4 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 11/05/2026 at 21:50:26 Plaintiff on the basis of which the present Application has been filed seeking the prayers made therein.
19. Let the said communications be placed on record within a period of one week from date.
20. Let Reply to this Application be filed by the Plaintiff within a period of four weeks after Defendant No. 1 has placed on record the documents / communications in respect of this Application. Rejoinder thereto, if any, be filed before the next date of hearing.
21. List on the date fixed, i.e. 09.07.2026.
TEJAS KARIA, J MAY 8, 2026/sms CS(COMM) 264/2026 Page 4 of 4 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 11/05/2026 at 21:50:26