Delhi High Court - Orders
Hero Motocorp Limited vs Tarbolin Lubricants Private Limited & ... on 29 August, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 919/2025 & I.As. 21364-71/2025
HERO MOTOCORP LIMITED .....Plaintiff
Through: Ms. Anuradha Salhotra, Mr. Rahul
Chaudhry, Mr. Sumit Wadhwa, Ms.
Ekta Sarin and Mr. Hitesh Malik,
Advocates
versus
TARBOLIN LUBRICANTS PRIVATE LIMITED & ORS.
.....Defendants
Through: None
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 29.08.2025 I.A. 21366/2025 (for seeking exemption from pre-institution mediation)
1. This is an application under Section 12A(1) of the Commercial Courts Act, 2015 read with Section 151 of the Code of Civil Procedure, 1908 ['CPC'], filed by the Plaintiff seeking exemption from instituting pre- litigation mediation and settlement.
2. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiff.
3. Accordingly, this application stands disposed of.
1(2024) 5 SCC 815 CS(COMM) 919/2025 Page 1 of 16 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 19/09/2025 at 21:54:03 I.A. 21367/2025 (seeking leave to file additional documents)
4. This is an application under Order XI Rule 1(4) of CPC [as amended by the Commercial Courts Act, 2015], filed by the Plaintiff seeking leave to file additional documents within 30 days.
5. The Plaintiff, if it wishes to file additional documents will file the same within 30 days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ['DHC Rules'].
6. For the reasons stated in the application, the same is allowed.
7. Accordingly, the application is disposed of.
I.A. 21368/2025 (seeking exemption from filing original/certified, typed and fair copies)
8. This application under Section 151 CPC has been filed by the Plaintiff seeking exemption from filing the original and/or certified copies of the documents.
9. The Plaintiff seeks two (2) weeks to file original and/or certified copies of the documents enlisted therein.
10. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC Rules.
11. The typed and/or fair copies of the illegible documents be filed within two (2) weeks.
12. Accordingly, this application stands disposed of. I.A. 21369/2025 (Seeking exemption from filing the typed copies of dim annexures) CS(COMM) 919/2025 Page 2 of 16 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 19/09/2025 at 21:54:03
13. This is an application under Section 151 CPC filed by the Plaintiff seeking exemption from filing fair and typed copies of the dim documents, which have been filed with the suit.
14. Subject to the Plaintiff filing fair typed, clear and legible copies of the dim documents within two (2) weeks from today, exemption is granted for the present.
15. Accordingly, this application stands disposed of. I.A. 21370/2025 (exemption from advance service of the suit paper-book on the defendants)
16. In view of the fact that the Plaintiff has sought an ex-parte ad-interim injunction along with the appointment of a Local Commissioner, the exemption from effecting advance service upon the Defendants in granted.
17. Accordingly, this application stands disposed of. I.A. 21371/2025 (seeking extension of time for filing Court Fees)
18. This application under Section 149 of CPC read with Section 151 of CPC has been filed seeking two weeks' time to file Court fees.
19. Learned counsel for the Plaintiff states that the Court fees shall be deposited within a period of two (2) weeks from today.
20. The time sought for is granted, failing which the consequences of Order VII Rule 11(b) of CPC shall follow.
21. With the aforesaid directions, this application stands allowed. CS(COMM) 919/2025
22. Let the plaint be registered as a suit.
23. Summons be issued to the Defendants by all permissible modes on filing of process fee. Affidavit of service(s) be filed within two (2) weeks.
24. The summons shall indicate that the written statement(s) must be filed CS(COMM) 919/2025 Page 3 of 16 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 19/09/2025 at 21:54:03 within thirty (30) days from the date of receipt of the summons. The Defendants shall also file affidavit(s) of admission/denial of the documents filed by the Plaintiff, failing which the written statements shall not be taken on record.
25. The Plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement(s). The replication shall be accompanied by affidavits of admission/denial in respect of the documents filed by the Defendants, failing which the replication shall not be taken on record.
26. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
27. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
28. List before the learned Joint Registrar (J) for completion of service and pleadings on 09.10.2025.
29. List before the Court on 25.02.2026.
I.A. 21364/2025 (Under Order XXXIX Rule 1 and 2 CPC)
30. The present application under Order XXXIX Rules 1 and 2 of the CPC, has been filed by the Plaintiff, seeking interim relief against the Defendants.
31. The underlying suit has been filed by the Plaintiff for permanent injunction restraining the Defendants from infringing the registered design and trade-dress of the Plaintiff, along with passing off and other ancillary reliefs.
32. Ms. Anuradha Salhotra, learned counsel for the plaintiff has set out the case of the Plaintiff as under: -
CS(COMM) 919/2025 Page 4 of 16This 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 19/09/2025 at 21:54:03 32.1. The Plaintiff has been engaged in the business of manufacturing and selling of motorcycles, scooters, their parts and accessories under the trademark HERO since 09.04.1985. The Plaintiff, in the year 2000, developed a motorcycle/bike engine oil ['Plaintiff's product'] and the same is being sold by the Plaintiff under the trade mark /HERO and .
32.2. The Plaintiff's product is being sold in a distinctive bottle, which comprises of a unique shape and configuration, the distinctive combination of a golden bottle with a black cap and is available in one colour only. The label with its unique artistic work, the colour scheme applied, the font used and the placement of text and image, together comprise of the trade-dress for the Plaintiff's product.
32.3. The Plaintiff for this bottle has two design registrations in Class 09-01 under registration nos. 311300 and 311301, both dated 25.10.2018 ['suit designs']. These suit design registrations are valid and subsisting till 25.10.2028 and can be renewed for a further term of five years till 25.10.2032.
32.4. The net turnover of the Plaintiff's HERO Engine Oil for the year 2024-2025 was Rs. 831 crores and the details of the net turnover for the years 2019 to 2025 are provided at paragraph no. 16 of the plaint. 32.5. In July 2025, the Plaintiff came across Defendant No. 1's product under the mark TARBOLYN and AUTOSHAKTI [hereinafter referred to as 'impugned products']. It is alleged that the design of the impugned bottle as well as the trade dress is a complete copy of the products of the Plaintiff. It CS(COMM) 919/2025 Page 5 of 16 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 19/09/2025 at 21:54:03 is further stated that the impugned products are being advertised on third- party websites i.e., www.indiamart.com. It is stated that impugned products are also being sold on Defendant No. 1's website [available at www.tarbolin.com]. The screenshots of Defendant No. 1's website are provided at paragraph no. 24(b) of the plaint.
32.6. It is stated that Defendant Nos. 2 and 3 manufactures the impugned bottle and supply the same to Defendant No. 1, who further affixes its label, packaging consisting of its mark(s) TARBOLYN and AUTOSHAKTI; and thereafter, sells the finished goods to end consumers, retailers and distributors in the market. The photographs of the impugned products are provided at paragraph no. 24(f) of the plaint.
32.7. Upon investigation, the Plaintiff procured the impugned product sold by Defendant No. 1 under the mark TARBOLYN and found that the said product bears 17.07.2025 as the date of manufacture, on its label. 32.8. It is stated that the product bearing the impugned mark AUTOSHAKTI has been noticed on Defendant No.1's website and the images have been taken from the same.
33. Learned counsel for the Plaintiff states that the impugned bottle design of the Defendants' product is an obvious imitation of the Plaintiffs registered design nos. 311300 and 311301 and the Defendants are misrepresenting their products as the Plaintiff's product. 33.1 She states that the Defendants are neither the registered proprietors nor have obtained any license or written consent to apply/adopt the Plaintiff's registered design as used by the Plaintiff for its HERO Engine Oil Bottle.
33.2 She states that the labels as applied by Defendant No. 1 on the bottles CS(COMM) 919/2025 Page 6 of 16 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 19/09/2025 at 21:54:03 are identical. She states that except for replacing the Plaintiff's mark HERO with Defendant's mark TARBOLYN and AUTOSHAKTI, all other essential features of label affixed on the products of the parties are identical. 33.3 She prays that in view of the aforesaid, this Court be please to grant an ex-parte ad-interim injunction in favour of the Plaintiff and against the Defendants.
34. This Court has heard the learned counsel for the Plaintiff and perused the record.
35. As per the pleadings and documents placed on record, by virtue of design registration nos. 311300 and 311301 in Class 09-01, both dated 25.10.2018, the Plaintiff is the registered proprietor of the design of the bottle used by the Plaintiff for its product HERO Engine Oil.
36. The comparison table illustrating the similarities between the design of the Plaintiff's product and the Defendant No. 1's impugned product, as set out in paragraph no. 25 of the plaint and in the documents filed by the Plaintiff, is reproduced herein below: -
Plaintiff's Product Defendant No. 1's Impugned Product Front View CS(COMM) 919/2025 Page 7 of 16 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 19/09/2025 at 21:54:03 CS(COMM) 919/2025 Page 8 of 16 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 19/09/2025 at 21:54:03 Rear View CS(COMM) 919/2025 Page 9 of 16 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 19/09/2025 at 21:54:03 Top View
37. The learned counsel for the Plaintiff had handed-over the products sold by the parties i.e., HERO and TARBOLYN. Upon examination of the rival products, it prima facie appears that the Defendants have imitated the registered suit designs and trade-dress of the Plaintiff's product in a manner that a customer with average human intelligence is likely to get confused and to believe that the Defendant's impugned product has a direct association and affiliation with the Plaintiff.
38. The Defendants have copied both the surface pattern as well as the shape and configuration of the registered designs of the Plaintiff; infact the CS(COMM) 919/2025 Page 10 of 16 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 19/09/2025 at 21:54:03 labels. The Defendants have also copied the colour scheme, essential features of the Plaintiff's label affixed on the Plaintiff's product on their impugned products.
39. Accordingly, the Plaintiff has made out a prima facie case for grant of an ad-interim injunction. The balance of convenience also lies in favour of the Plaintiff, and the Plaintiff will suffer an irreparable loss if the interim injunction is not granted at this stage.
40. In view of the aforesaid, the Defendants, their directors, proprietors, promoters, partners, agents, servants, distributors and/or any other person(s) acting for and on behalf of the Defendants from selling, offering for sale, marketing, advertising, manufacturing and directly or indirectly dealing in any goods bearing the impugned bottle i.e., , which is identical to Plaintiff's registered design nos. 311300 and 311301; identical labels i.e., and , which are infringement of the CS(COMM) 919/2025 Page 11 of 16 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 19/09/2025 at 21:54:03 Plaintiff's copyright in the artistic work in their label/packaging and/or any other trade-dress/bottle shape/label identical or similar to the Plaintiffs registered design and label/packaging in any manner, which would amount to infringement of the Plaintiffs' registered design, infringement of copyright in original artistic work.
41. In view of the fact that the Plaintiff has sought appointment of Local Commissioners to seize the infringing materials and infringing products, the very purpose of grant of ex-parte ad interim injunction would be defeated if the Defendants are given notices contemplated in Order XXXIX Rule 3 of CPC prior to the execution of the commission. Hence, it is directed that the Plaintiff shall serve notice under Order XXXIX Rule 3 of CPC at the time of execution of the Local Commissions, which shall not be later than two (2) weeks from today.
42. Issue notice to the Defendants through all modes.
43. Let the reply to this application be filed within a period of four (4) weeks.
44. Rejoinder thereto, if any, be filed within a period of three (3) weeks thereafter.
45. List before the learned Joint Registrar (J) for completion of service and pleadings on 09.10.2025.
46. List before the Court on 25.02.2026.
I.A. 21365/2025 (for appointment of Local Commissioner)
47. This is an application under Order XXVI Rule 9 CPC read with Order XXXIX Rule 7 CPC, filed by the Plaintiff for appointment of two (2) Local Commissioners to visit and inspect the following premises of the Defendants: -
CS(COMM) 919/2025 Page 12 of 16This 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 19/09/2025 at 21:54:03 a. Tarbolin Lubricants Private Limited, Kh. No. 155/291, Village Pooth Khurd, Extended Lal Dora, Sultanpur Dabas, New Dellhi-110039. b. Mr. Pawan Dhiman, Trading as M/s. Satnaam Plast Industry, 145 Pocket-E, Sector 1, Bawana, Industrial Area, Bawana, New Delhi - 11039.
48. In order to ensure that the injunction is fully complied with and to preserve the evidence of infringement, this Court deems it appropriate to appoint two (2) Local Commissioners to visit the aforementioned premises of the Defendants. Accordingly, the following persons are appointed as Local Commissioner(s), with direction(s) to visit the respective premises of the Defendants: -
Sr. Defendant's Location Details of the Local
No. Commissioner
1. Tarbolin Lubricants Private Mr. Aryamaan Krishna
Limited, Kh. No. 155/291, Shankar, Advocate
Village Pooth Khurd, Mob. No. - 7042049561,
Extended Lal Dora, e-mail:
Sultanpur Dabas, New [email protected]
Dellhi-110039 Enrolment No. D/9483/2024
2. Mr. Pawan Dhiman Mr. Vineet George, Advocate
Trading as M/s. Satnaam [Enrolment No. D/11673/2021,
Plast Industry, 145 Pocket-E, Mob. No. 8287508121,
Sector 1, Bawana, Industrial e-mail -
Area, Bawana, New Delhi - [email protected]]
11039
49. The mandate of the Local Commissioner is as under:
(i) The Local Commissioner(s) shall visit the premises of the Defendants as mentioned above, to inspect and seize the infringing CS(COMM) 919/2025 Page 13 of 16 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 19/09/2025 at 21:54:03 materials and the infringing products, with the aid of the Plaintiff's representatives/counsel.
(ii) The Local commissioner(s) are permitted to make an inventory of all such infringing material being the impugned bottle, impugned labels and/or any other materials related to the said products found in the Defendants' premises whether finished or unfinished.
(iii) The Local Commissioner(s) are permitted to seize the infringing materials, at the above premises and if knowledge is acquired of any other premises, where the infringing materials could be stored, the Local Commissioner(s) are free to record the same and then visit the other premises and conduct a seizure there as well.
(iv) The Local Commissioner(s) shall also inspect and seize any goods/materials related to the said products thereto, found in the Defendants' premises [whether finished or unfinished] along with cartons, bottles, packaging material, advertisement material, labels, logos, caps, moulds, machines, stationery, bills/invoices, stickers, publicity material, and other material in power and control of the Defendants, so that it can be ensured that no fresh manufacturing of the impugned design bottle and/or infringing labels, can take place.
(v) The Local Commissioner(s) shall also obtain the details as to since when infringing products bearing the infringing design bottle and labels, are being manufactured by the Defendants and obtain copies of the accounts, if the same is found to be sold in market.
(vi) The Local Commissioner(s) shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash books, CS(COMM) 919/2025 Page 14 of 16 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 19/09/2025 at 21:54:03 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 infringing goods, if any. The Defendants 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.
(vii) After preparation of the inventory, the infringing products bearing the impugned labels, in fully manufactured or unfinished condition, including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, brochures, banners, signage, cartons and other material bearing the impugned marks & packaging, which are similar to the Plaintiff's registered design shall be released to the Defendants on Superdari. The monetary value of the stock shall also be ascertained.
(viii) The Local Commissioners are also permitted to break open the locks, with the help of the local police, if access to the premises where the infringing products have been stocked/manufactured, is denied to the Commissioners.
(ix) Upon being requested, the concerned, the Station House Officer ('SHO') having jurisdiction over the aforesaid location(s) shall render necessary cooperation for execution of the commission, as per this order.
(x) The Local Commissioners are permitted to take photographs and videography of the proceedings of the commission, if it is deemed appropriate. Two (2) representatives of the Plaintiff, which may CS(COMM) 919/2025 Page 15 of 16 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 19/09/2025 at 21:54:03 include a lawyer, are permitted to accompany the Local Commissioner.
(xi) The Local Commissioners, 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.
(xii) Copy of the order and complete paper book shall be served by the Local Commissioner upon the Defendants at the time of execution of commission.
50. The order passed today shall be communicated by the respective Local Commissioners to the Defendants.
51. The fee of each of the Local Commissioner is fixed at Rs. 1,75,000/-; excluding out of pocket expenses, travel expenses, etc., which is to be borne by the Plaintiff.
52. The Local Commission shall be executed within two (2) weeks. The report of the Local Commissioner shall be filed within two (2) weeks thereafter.
53. The order passed today, shall not be uploaded for a period of two (2) weeks for enabling the execution of the commissions.
54. In terms of the foregoing, the present application stands disposed of.
55. Copy of this order be given dasti under the signatures of the Court Master.
MANMEET PRITAM SINGH ARORA, J AUGUST 29, 2025/rhc/MG CS(COMM) 919/2025 Page 16 of 16 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 19/09/2025 at 21:54:03