Delhi High Court - Orders
Officine Maccaferri S.P.A & Anr vs Maruti Rub Plast Pvt Ltd & Anr on 7 August, 2025
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 804/2025
OFFICINE MACCAFERRI S.P.A & ANR. .....Plaintiffs
Through: Mr. J. Sai Deepak, Sr. Advocate with
Ms. Ekta Sarin, Mr. Aman Venugopal
and Mr. Siddharth Rai Chaudhry,
Advocates.
versus
MARUTI RUB PLAST PVT LTD & ANR .....Defendants
Through: Ms. Purnima Jain, Mr. Raghvendra
Upadhyay and Ms. Pratibha Jain,
Advocates.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 07.08.2025 I.A. 19152/2025 (Exemption from filing translated copies of the documents)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 19149/2025 & I.A. 19150/2025 (Exemptions)
3. Exemptions are allowed, subject to all just exceptions.
4. The Applications stand disposed of.
I.A. 19151/2025 (Permission to place on record Pen drive)
5. This Application has been filed by the Plaintiffs seeking permission to place on record a pen drive containing audio clips of the telephonic conversation between the Plaintiffs‟ investigator and Defendant No.1‟s representative, admitting to the infringing activities being carried on by the 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 11/08/2025 at 22:19:19 Defendants.
6. In facts and circumstances as stated in the Application, the same is allowed. The pen drive is taken on record.
7. Accordingly, the Application stands disposed of. I.A. 19147/2025 (Exemption from filing misc. Applications and affidavits without signature)
8. The Plaintiffs have filed the present Application under Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking exemption from filing apostilled version of the pleadings and Power of Attorney of the authorized signatory of Plaintiff No. 1.
9. Considering the submissions made before this Court, Plaintiff No. 1 is exempted from filing apostilled version of the pleadings and Power of Attorney of its authorized signatory, at this stage.
10. The apostilled version thereof be filed subsequently.
11. With the aforesaid directions, the present Application is disposed of. I.A. 19148/2025 (Exemption from advance service of the Plaint Paperbook to the Defendants)
12. This is an Application filed by the Plaintiffs under Section 151 of the CPC, seeking exemption from advance service of the Plaint Paperbook to the Defendants.
13. Mr. J. Sai Deepak, the learned Senior Counsel for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints of the products infringing the Patent of the Plaintiffs.
14. In view of the fact that the Plaintiffs have sought an urgent ad-interim injunction along with the appointment of the Local Commissioner, the 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 11/08/2025 at 22:19:19 exemption from advance service of the Paperbook to the Defendants is granted. However, since the Defendants have entered appearance, the learned Counsel for the Plaintiffs is directed to serve a copy of the Plaint Paperbook to the learned Counsel for the Defendants.
15. The Application stands disposed of.
I.A. 19145/2025 (Exemption from pre-institution Mediation)
16. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 ("CC Act").
17. 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.
18. The Application stands disposed of.
I.A. 19146/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
19. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.
20. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
21. Accordingly, the Application stands disposed of. CS(COMM) 804/2025
22. Let the Plaint be registered as a Suit.
23. Issue Summons. The learned Counsel for the Defendants accepts Summons.
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 11/08/2025 at 22:19:19
24. The Defendants shall file the Written Statement(s) within 30 days from date. Along with the Written Statement(s), the Defendants shall also file Affidavit(s) of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.
25. Liberty is granted to the Plaintiffs to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiffs, Affidavit(s) of Admission / Denial of the documents of Defendants be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.
26. 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.
27. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
28. List before the Joint Registrar on 13.10.2025 for completion of service and pleadings.
I.A. 19143/2025(U/O XXXIX Rule 1 & 2 of CPC)
27. Issue Notice. The learned Counsel for the Defendants accepts Notice.
29. The Plaintiffs have filed the present Suit seeking relief of permanent injunction restraining the Defendants from infringing the Plaintiffs‟ Patent No. 406651 in respect of „Anchoring member for facing elements for use in established earth structures, former and procedure for the fabrication of such a facing element‟, which is also referred to as a „Cavity Connector‟ ("Suit Patent") in the relevant industry and other ancillary reliefs.
30. Plaintiff No. 1 is the patentee of the Suit Patent. Plaintiff No. 2 is a wholly owned subsidiary of Plaintiff No. 1. Plaintiff No. 1 operates in 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 11/08/2025 at 22:19:19 through Plaintiff No. 2.
31. The learned Senior Counsel for the Plaintiffs submitted that principal claim of the Suit Patent as granted is set out in Paragraph No. 12 of the Plaint and is reproduced hereunder:
"An anchoring member (15) capable of being integrated into a facing element (10) for the creation of stabilised earth structures, comprising:
a shell (21) defining a recess (18) with a mouth (13), an anchoring bar (20) extending transversely within the recess (18) along a straight line and which is configured to receive an elongated stabilising member for stabilised earth structures inserted into the mouth (13), wherein the anchoring bar is tubular, so as to allow the insertion of a straight rod element of a reinforcing grid therein."
32. The learned Senior Counsel for the Plaintiffs submitted that the subject matter of the present Suit has been used in India commercially on various projects across the country. The Suit Patent, colloquially referred to in the relevant industry as a „Cavity Connector‟, forms an integral part of the Plaintiffs‟ MacRes® system, which features vertical discrete precast concrete facing panels and layers of Para Web® reinforcement, planar geostrips manufactured from high-tenacity polyester yams.
33. The learned Senior Counsel for the Plaintiffs submitted that around March, 2023, the Plaintiffs came across Defendant No. l‟s website www.marutirubplast.com through which Defendant No. 1 was advertising its product „Maruti Cavity Box‟ and Defendant No. 2 is selling the infringing goods in the market under the name „HDPE Injection Moulded Parts‟ ("Impugned Products").
34. The learned Senior Counsel for the Plaintiffs submitted that the Plaintiffs, thereafter, sent an email dated 28.03.2023, to Defendant No. 1 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 11/08/2025 at 22:19:19 informing that the Impugned Products infringes the Suit Patent, and called upon Defendant No. 1 to cease all use of the Impugned Products. However, Defendant No. 1 did not respond to the said email.
35. The learned Senior Counsel for the Plaintiffs submitted that around July, 2025 the Plaintiffs came across another website www.marutirubber.com, which is operated by Defendant No. 2. Upon conducting enquiries, it was revealed that Defendant Nos. 1 and 2 have a common director, and that the Defendants are under a common management. The Plaintiffs found that Defendant No. 2 was also selling the Impugned Products and advertising the same on its website. The Plaintiffs further found that Defendant No. 1 was listing the Impugned Products on a third-party website IndiaMart, wherein Defendant No. 1 was offering for sale and advertising the Impugned Products. A comparative table of the Suit Patent Product and the Impugned Products is reproduced hereunder:
S. Suit Patent Product Defendants‟ Product
No.
Anchoring
element
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 11/08/2025 at 22:19:19 „U‟-shaped shell/cavity Mouth Anchoring bar Recess
36. The learned Senior Counsel for the Plaintiffs submitted that the Plaintiffs purchased the Impugned Products from Defendant No. 1 and the proforma invoice for the purchase listed the Impugned Products as „Cavity Box‟. However, when the actual invoice dated 09.07.2025 was issued, the Impugned Products were described as „HDPE Injection Moulded Parts‟. Upon finding a discrepancy in the name of the Impugned Products in the proforma invoice and the actual invoice, the Plaintiffs‟ Investigator enquired the reason behind the discrepancy to which Defendant No. 1‟s representative admitted that the Impugned Products were infringing the Suit Patent and had received a notice to cease and desist the sale and manufacture of the Impugned Products and the discrepancy was to evade coming under the Plaintiffs‟ radar. An audio recording of the above conversation was played 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 11/08/2025 at 22:19:19 during the course of the hearing. A comparison of the products being sold by the Defendants in March, 2023 and July, 2025 reveals that the Defendants are continuing to sell the Impugned Products. The comparative table of the Impugned Products being sold by the Defendants in March, 2023 and July, 2025 is produced hereunder:
Products procured in March 2023 Products procured in July 2025
37. The learned Counsel for the Defendants submitted that the Defendants have been dealing with the Impugned Products since 2019 and the Defendants do not manufacture the Impugned Products but Defendants only 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 11/08/2025 at 22:19:19 purchases the Impugned Products from the manufacturers for the purpose of selling to retailers. It was further submitted that the Impugned Products are being manufactured by a number of manufacturers and the Defendants are ready to provide the list of manufacturers of the Impugned Products to the extent available with the Defendants.
38. The learned Counsel for the Defendants submitted that although the Defendants are not a manufacturer of the Impugned Products, the Defendants do manufacture a variety of other products for which they have Intellectual Property Rights and a Local Commission should be limited to the Impugned Products as otherwise it will breach the sensitive data and confidential proprietary information of the Defendants.
39. Having considered the submissions advanced by the learned Counsel for the Parties, the pleadings and the documents on record, a prima facie case has been made out on behalf of the Plaintiffs. Balance of convenience is in favour of the Plaintiffs and against the Defendants. Irreparable injury would be caused to the Plaintiffs if the Defendants are allowed to continue the sale of the Impugned Products.
40. The Plaintiffs have made out a prima facie case for grant of an ad- interim injunction. Accordingly, till the next date of hearing:
i. The Defendants, their directors, group companies or sister concerns, associates, divisions, licensees, franchisees, agents, distributors and dealers are restrained from using, manufacturing, stockpiling, exporting, offering for sale and / or supplying, directly or indirectly, any product that violates the Suit Patent bearing No. IN 406651 including the Impugned Products, being Maruti Cavity Box and HDPE Injection Moulded Parts.
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 11/08/2025 at 22:19:19 ii. The Defendants are directed to takedown all online listings on its websites and / or other third-party platforms, e-commerce marketplaces including IndiaMart and all the online listings on Defendant No. l‟s website www.marutirubplast.com and www.marutirubber.com, which is operated by Defendant No. 2 of the Impugned Products, being Maruti Cavity Box and HDPE Injection Moulded Parts and / or any other product which infringes the rights of Plaintiff No. 1 in its Patent No. IN 406651.
iii. The Defendants are directed to file Affidavit(s) providing the information regarding the names and contact details of the manufacturers and / or suppliers from which the Defendants are procuring the Impugned Products being Maruti Cavity Box and HDPE Injection Moulded Parts as submitted by learned Counsel for the Defendants.
41. 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.
42. List before the Court on 18.11.2025.
I.A. No. 19144/2025 (Appointment of Local Commissioner)
43. The present Application has been filed by the Plaintiffs under Order XXVI Rule 9 read with Order XXXIX Rule 7 of the CPC, seeking appointment of a Local Commissioner. Considering the merits of the Plaintiffs‟ case, an ad-interim injunction has been granted as recorded above in I.A. 19143/2025 under Order XXXIX Rule 1 & 2 of the CPC.
44. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint a Local Commissioner to visit the 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 11/08/2025 at 22:19:19 Defendants‟ premises at the following address:
Sr. No. Particulars Name of Local Commissioner
1. D-22, 23, Site-IV, Ms. Ananya Arora, Advocate
Surajpur, Greater [Mobile No. 9971555804]
Noida, Gautam Budhha
Nagar, Uttar Pradesh-
201306 (U.P.)
45. The mandate of the Local Commissioner is as under:
i) The Local Commissioner shall visit the premises of the Defendants as per the above table, to inspect and seize any Impugned Products being Maruti Cavity Box and HDPE Injection Moulded Parts, in either fully or semi-manufactured condition:
ii) If knowledge is acquired of any other premises than the aforesaid premises, where the Impugned Products being Maruti Cavity Box and HDPE Injection Moulded Parts could be stored, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well:
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 Products being Maruti Cavity Box and HDPE Injection Moulded Parts or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the Impugned Products can take place;
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 11/08/2025 at 22:19:19
iv) The Local Commissioner shall also obtain the details as to since when Impugned Products being Maruti Cavity Box and HDPE Injection Moulded Parts, are being sold by the Defendants and obtain copies of the accounts if the same are 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 Defendants, and take photocopy and / or record of all such transactions that pertain to the Impugned Products, if any. The Defendants shall cooperate and give passwords to the computers and the files containing the accounts, if the same are stored on the computer or a specific software;
vi) After preparation of the inventory, the Impugned Products being Maruti Cavity Box and HDPE Injection Moulded Parts, packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, banners, signage, cartons and other material shall be released to the Defendants 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 Impugned Product has been stocked / manufactured, is denied to the Commissioner;
viii) Upon being requested, the concerned Station House Officer for Gautam Budhha Nagar, Uttar Pradesh shall render necessary cooperation for execution of the Commission, as per this Order;
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 11/08/2025 at 22:19:19
ix) The Local Commissioner is permitted to take photographs and videograph of the proceedings of the Commission, if it is deemed appropriate. Two representatives of the Plaintiffs, 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 Defendants, except for the purposes of the execution of the Commission. The Commission shall be executed in a peaceful manner.
46. A copy of this Order be provided to the Local Commissioner and the same will be served upon the Defendants by the Local Commissioner at the time of execution of the Commission.
47. The fees of the Local Commissioner is fixed at ₹1,50,000/- (Rupees One Lakh Fifty Thousand Only) excluding out of pocket expenses, travel, etc. All the aforesaid expenses shall be borne by the Plaintiffs and paid in advance to the Local Commissioner named hereinabove.
48. The Commission shall be executed on 13.08.2025, and the report of the Local Commissioner shall be filed within a period of two weeks thereafter.
49. List before this Court on 18.11.2025.
50. Order dasti under the signature of the Court Master.
TEJAS KARIA, J AUGUST 7, 2025 AK 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 11/08/2025 at 22:19:19