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Delhi High Court - Orders

Ab Skf vs M/S Paramount Bearing Co. & Ors on 10 October, 2025

                          $~35
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CS(COMM) 963/2025
                               AB SKF                                   .....Plaintiff
                                             Through: Mr. Saif Khan, Mr. Prajjwal
                                                      Kushwaha & Ms. Shayal Anand,
                                                      Advocates.

                                                                  versus


                                    M/S PARAMOUNT BEARING CO. & ORS.           .....Defendants
                                                 Through: Mr. Uttam Datt, Senior Advocate
                                                          along with Mr. Abhishek Mishra, Ms.
                                                          Sonakshi Singh & Mr. Vishal Bansal,
                                                          Advocates.
                                    CORAM:
                                    HON'BLE MR. JUSTICE TEJAS KARIA

                                                                  ORDER

% 10.10.2025 I.A. 25306/2025

1. This is an Application under Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking exemption from advance service to Defendant Nos. 1 to 14.

2. The learned Senior Counsel appearing for Defendant Nos. 2 to 4 submits that Defendant Nos. 2 to 4 may be served with a copy of the Applications being I.A. 25303/2025, I.A. 25304/2025 and I.A. 25305/2025.

3. Accordingly, the Plaintiff is directed to serve a copy of these Applications to the learned Senior Counsel appearing for Defendant Nos. 2 to 4 who has entered appearance today. The exemption is granted from service with regard to Defendant Nos. 1 and 5 to 14 as prayed for.

4. Accordingly, the Application stands disposed of.

CS(COMM) 963/2025 Page 1 of 6

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 15/10/2025 at 21:49:06 I.A. 25303/2025

5. This is an Application under Order 1 Rule 10 read with Section 151 of the CPC for impleading Punjab National Bank, having address at Plot No. 5, Institutional Area, Sector-32, Gurugram, Haryana - 122001 (Email Address:

[email protected]) as Proforma Defendant No. 14.

6. In view of the averments made in this Application, the present Application is allowed and Punjab National Bank is impleaded as Proforma Defendant No. 14.

7. Let the Summons be issued to Proforma Defendant No. 14, Punjab National Bank, having address at Plot No. 5, Institutional Area, Sector-32, Gurugram, Haryana - 122001 (Email Address: [email protected]).

8. Accordingly, the Application stands disposed of.

I.A. 25304/2025

9. This is an Application under Order 6 Rule 17 read with Section 151 of the CPC seeking the following prayer:

"a. Pass an order allowing the Plaintiff to amend paragraphs 44 and 45 of the Plaint and add prayer clause 64(k) and 64(l), to the extent of impleading Punjab National Bank (ProForma Defendant no. 14), adding 17 additional bank accounts and prayer seeking account freezing by ProForma Defendant no. 13.
b. Pass an order to take on record the Amended Plaint."

10. For the reasons stated in Application, the present Application is allowed.

11. The Amended Plaint filed along with this Application is taken on record. The Amended Plaint shall be served upon all the Defendants who shall be entitled to file their Written Statement(s) to the Amended Plaint within a CS(COMM) 963/2025 Page 2 of 6 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 15/10/2025 at 21:49:06 period of 30 days from the date of service of the copy of the Amended Plaint. Along with the Written Statement(s), the Defendants 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.

12. Liberty is granted to the Plaintiff 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 Plaintiff, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.

13. 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.

14. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

I.A. 25305/2025

15. This is an Application under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC.

16. The learned Counsel for the Plaintiff has submitted that vide order dated 10.09.2025, this Court has granted an ex-parte ad-interim injunction, the relevant extract of which is as under:

29. Accordingly, till the next date of hearing, following directions are issued:
i. Defendant Nos. 1 to 6, their principal officers, proprietor / partners, servants, agents, their affiliates, subsidiaries, and all others acting for and on their behalf are restrained from using the name / Mark 'SKF', the SKF trade dress and / or any other mark, which is identical or deceptively similar to the Mark 'SKF' of the Plaintiff, including as part of domain, email ID, social media handle or in any manner in the course of trade, and / or reproducing the Plaintiff's copyright work in CS(COMM) 963/2025 Page 3 of 6 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 15/10/2025 at 21:49:06 the SKF packaging without authorization from the Plaintiff leading to, infringement of the Plaintiff's registered SKF Marks, infringement of copyright and passing off.
ii. Defendant Nos. 7 to 12 are directed to freeze the bank accounts as specified in the table below and file in a sealed cover / password protected document, all details, records and particulars relating to opening and operating of the said bank accounts including KYC records of the account holders and complete account statements from opening till date within four weeks from the receipt of Notice.
Defendant Nos. Bank Account Details Defendant No. 7 1. 50200072658671 (IFSC - HDFC0004755)
2. 50200085032910 (IFSC - HDFC0000627) Defendant No. 8 921020009740646 (IFSC-UTIB0000153) Defendant No. 9 00250200001455 (IFSC- BARB0COLCAL) Defendant No. 10 1. 8445274307 (IFSC- KKBK0008497)
2. 8448099679 IFSC- KKBK0008038 Defendant No. 11 257439594755 (IFSC- INDB0000737) Defendant No. 12 40997706603 (IFSC- SBIN0000144)
17. The learned Counsel appearing for the Plaintiff submitted that inadvertently, the Plaintiff missed adding the relevant prayers qua ICICI Bank being Proforma Defendant No. 13 pertaining to freezing of the following bank accounts:
                             Account Holder                  Account No. and IFS                      Bank                   Branch
                            Name / Defendant                       Code
                                    No.
                            Premium Bearing &                     113105001187                    ICICI Bank               Shradhanand
                               Linear Motion                                                                               Marg, Delhi
                                                                      IFSC-                        (Proforma
                               Defendant No. 3                     ICIC0001131                     Defendant
                                                                                                     No.13)
                                Industry Genie                    113105001074                    ICICI Bank               Shradhanand
                                                                                                                           Marg, Delhi
                                Defendant No.4                        IFSC-                        (Proforma
                                                                   ICIC0001131                     Defendant
                                                                                                     No.13)


                          CS(COMM) 963/2025                                                                                 Page 4 of 6




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 15/10/2025 at 21:49:06
18. The learned Counsel for the Plaintiff also seeks an ex-parte ad-interim injunction directing Defendant No. 4 to freeze the bank account no. 0084202100000823 (IFSC - PUN80008420) pertaining to Defendant No.5.
19. Issue Notice. The learned Senior Counsel appearing for Defendant Nos. 2 to 4 accepts Notice. Let the Notice be served through all permissible modes to the remaining Defendants.
20. The learned Senior Counsel appearing for Defendant Nos. 2 to 4 submits that the order dated 10.09.2025 has been passed without the Plaintiff disclosing the complete facts and Defendant Nos. 2 to 4 are not involved in any activity of counterfeiting, infringement, or passing of as alleged by the Plaintiff.
21. The learned Senior Counsel appearing for Defendant Nos. 2 to 4 submits that Defendant Nos. 2 to 4 shall take appropriate steps for vacating and / or modifying the order dated 10.09.2025 and shall also file the responsive pleadings to the Suit and the Applications.
22. Let the reply be filed by the concerned Defendants with regard to Prayer A of this Application within a period of four weeks. Rejoinder thereto may be filed within a period of two weeks thereafter.
23. Accordingly, till the next date of hearing:
i. Defendant No. 13 is directed to freeze the bank account nos.
113105001074 (IFSC - ICIC000131) and 113105001187 (IFSC - ICIC000131) and also produce all the details, records and particulars relating to opening and operating of the said bank account by Defendant Nos. 3 and 4 including KYC records of the account holders and CS(COMM) 963/2025 Page 5 of 6 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 15/10/2025 at 21:49:06 complete account statements from opening till date within a period of four weeks from the receipt of Notice.
ii. Defendant No. 14 is directed to freeze the bank account no.
0084202100000823 (IFSC - PUN80008420), and also produce all the details, records and particulars relating to opening and operating of the said bank account by Defendant No. 5 including KYC records of the account holders and complete account statements from opening till date within a period of four weeks from the receipt of Notice. CS(COMM) 963/2025
24. List on 15.01.2026, the date already fixed before the Court.

TEJAS KARIA, J OCTOBER 10, 2025/ 'A' CS(COMM) 963/2025 Page 6 of 6 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 15/10/2025 at 21:49:06