Delhi High Court - Orders
Gsp Crop Science Ltd vs Gilehri Organics & Ors on 11 November, 2025
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1205/2025
GSP CROP SCIENCE LTD .....Plaintiff
Through: Mr. Guruswamy Nataraj along with
Mr. Rahul Bhujbal & Ms. Shreen
Choubey, Advocates.
versus
GILEHRI ORGANICS & ORS. .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 11.11.2025 I.A. 27912/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 27911/2025 (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) 1205/2025 Page 1 of 25This 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 21/11/2025 at 21:50:51 I.A. 27913/2025 (Exemption from advance service to the Defendant)
6. This is an Application filed by the Plaintiff under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking exemption from advance service to the Defendant.
7. Mr. Guruswamy Nataraj, the learned Counsel for the Plaintiff, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress their infringing business operations and digital footprints.
8. In view of the fact that the Plaintiff has sought an urgent ex-parte ad- interim injunction along with the appointment of Local Commissioners, the exemption from advance service to the Defendants is granted.
9. The Application is disposed of.
CS(COMM) 1205/2025
10. Let the Plaint be registered as a Suit.
11. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.
12. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. 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(s) shall not be taken on record.
13. 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.
CS(COMM) 1205/2025 Page 2 of 25This 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 21/11/2025 at 21:50:51
14. 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.
15. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
16. List before the learned Joint Registrar on 24.12.2025 for the completion of service and pleadings.
I.A. 27910/2025 (O-XI R-1(4) of the CPC)
17. The present Application has been filed on behalf of the Plaintiff 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.
18. 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.
19. Accordingly, the Application stands disposed of. I.A. 27909/2025 (O-XI R-1(6) of the CPC)
20. This Application has been filed by the Plaintiff under Order XI Rule 1(6) of the CPC as amended by the CC Act, read with Section 151 of CPC and Chapter IV of the Delhi High Court (Original Side) Rules 2018, seeking discovery.
21. Issue Notice.
22. Let the Reply to the Application be filed within a period of four weeks from date. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
23. List before the Joint Registrar on 24.12.2025 for completion of service and pleadings.
CS(COMM) 1205/2025 Page 3 of 25This 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 21/11/2025 at 21:50:51
24. List before this Court on 09.03.2026.
I.A. 27907/2025 (O-XXXIX R-1&2 of the CPC)
25. This is an Application under Order XXXIX Rules 1 & 2 of the CPC seeking ad-interim injunction against the Defendants.
26. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.
27. The learned Counsel for the Plaintiff has made the following submissions:
27.1 The Plaintiff has instituted the present Suit, inter alia, for restraining infringement of Indian Patent - IN 394568 ("IN'568"). The Plaintiff is engaged in the business of manufacture and sale of agrochemical formulations and is known for its extensive research and development programmes.
27.2 The Plaintiff is the patentee and owner of IN'568 titled "A Synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron". The 20-year patent-term of IN'568 will expire on 26.01.2034.
27.3 IN'568 covers and claims, a synergistic Suspo-Emulsion ("SE") formulation of two agrochemical ingredients, i.e., Pyriproxyfen and Diafenthiuron. Both ingredients can be in their free base forms or as agrochemically acceptable salts. IN'568 also discloses and claims a process for the preparation of the aforesaid SE formulations. Therefore, the essence of IN'568 is a synergistic formulation containing two actives, i.e., Pyriproxyfen (1% to 15%) and Diafenthiuron (25% to 55%) and one or more inactive excipients.CS(COMM) 1205/2025 Page 4 of 25
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 21/11/2025 at 21:50:51 27.4 The Plaintiff has worked and commercialized IN'568 through its product namely "SLR 525® Pyriproxyfen 5% + Diafenthiuron 25% SE", and has achieved a consolidated sales of INR 523 crores as on 12.10.2025, since its launch in 2018. Plaintiff has further licensed IN'568 to 15 entities which includes some of the global players in the agrochemicals market.
27.5 Photographs of the Plaintiff's product before the grant of IN'568 showing "Patent Applied" and after the grant of IN'568 showing "Patented" on label are attached below:
Plaintiff's product titled "SLR 525"® - "Patent Applied"
Front View Side View - I Side View - II Plaintiff's product titled "SLR 525"® - "Patented"
Front View Side View - I Side View - II CS(COMM) 1205/2025 Page 5 of 25 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 21/11/2025 at 21:50:51 27.6 IN'568 covers and claims a synergistic SE formulation of Pyriproxyfen and Diafenthiuron. Pyriproxyfen chemically known as 4-
phenoxyphenyl (RS)-2-(2-pyridyloxy) propyl ether 2-[1-(4- phenoxyphenoxy) propan-2-yloxy] pyridine, has a chemical structure as depicted below:
27.7 Diafenthiuron chemically known as 1-tert-butyl-3-(2,6-di-
isopropyl-4-phenoxyphenyl) thiourea or N-[2,6-bis(1-methylethyl)-4- phenoxyphenyl]-N'-(1,1-dimethylethyl) thiourea, has a chemical structure as depicted below:
CS(COMM) 1205/2025 Page 6 of 25This 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 21/11/2025 at 21:50:51 27.8 IN'568 contains 10 claims, wherein Claims 1 & 10 are independent claims and Claims 2-9 are dependent on Claim 1. 27.9 The claims of IN'568 are reproduced hereinbelow:
""1. A Synergistic suspo-emulsion formulation comprising of
a) Pyriproxyfen as its free base or its agrochemically acceptable salts with Poly Aryl Phenol or Octyl Phenol Ethoxylates;
b) Diafenthiuron as its free base or its agrochemically acceptable salts with Magnesium Aluminium Silicate and Acrylic polymer;
c) one or more inactive excipients selected from the group consisting of antifreezing agent, anti-foaming agent, suspending agent, antimicrobial agent, thickener and buffering agent;
wherein Pyriproxyfen is in the range of 1 to 15%; and Diafenthiuron is present in the range of 25 to 55 %.
2. The Synergistic suspo-emulsion formulation as claimed in according to claim 1 wherein dispersant is ethoxylates of Octyl Phenol & Poly Aryl Phenol, is present in the range of 15 to 25 %.
3. The Synergistic suspo-emulsion formulation as claimed in claim 1 wherein anti-freezing agent is selected from the group comprising of polyethylene glycols, methoxypolythylene glycols, polypropylene glycols, polybutylene glycols, glycerin, ethylene glycol and the like or mixtures thereof and the said anti- freezing agent is present in the range from 2 to 6%.
4. The Synergistic suspo-emulsion formulation as claimed in claim 1 wherein anti-foaming agent is selected from the group comprising of silicone emulsion, perfluoroalkylphosphonic acids and perfluoroaliphatic polymeric esters and the like or mistures thereof and the said anti-foaming agent is present in the range of 0.05 to 0.25%.
5. The Synergistic suspo-emulsion formulation as claimed in claim 1 wherein CS(COMM) 1205/2025 Page 7 of 25 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 21/11/2025 at 21:50:51 suspending agent is selected from the group comprising of Magnesium Aluminium suspending Silicate, fumed silica, magnesium montmorillonite and the like or mixtures thereof and the said suspending agent is in the range of 1 to 3%.
6. The Synergistic suspo-emulsion formulation as claimed in claim 1 wherein anti-microbial agent is selected from the group comprising of 2-bromo-2- nitropropane-1,3-diol, 1,2-benzisothiazolin-3-one, 2-methyl-4-isothiazolin-2- one, 5-chloro-2-methyl-4-isothiazolin-3-one and the like.
7. The Synergistic suspo-emulsion formulation as claimed in claim 1 wherein thickener is selected from the group comprising of xanthan gum, carboxymethyl cellulose, hydroxyethyl cellulose, dextrin, gum Arabic, polyvinyl alcohol and the like or mixtures thereof and the said thickener is in the range of 0.05 to 0.25%.
8. The Synergistic suspo-emulsion formulation as claimed in claim 1 wherein buffering agent is selected from the group comprising of Pottasium Dihydrogen Phosphate, Sodium Hydroxide and the like or mixtures thereof.
9. The Synergistic suspo-emulsion formulation as claimed in any of the preceding claims wherein the said formulation is stable.
10. The Synergistic suspo-emulsion formulation as claimed in claim 1 wherein, method for preparing the Synergistic suspo-emulsion composition comprises:
a) Treating Pyriproxyfen with Poly Aryl Phenol or Octyl Phenol Ethoxylates Octyl phenol ethoxylates, Ethoxylates of Poly Aryl Phenol and propylene glycol resulting in a pre- formed solution;
b) Treating Diafenthiuron with Acrylic polymer of Amine Salt, Magnesium Aluminium Silicate, Silica and Silicon Antifoam Emulsion in aqueous phase;
c) mixing Solution of step a) and step b), water and buffering agent wherein buffering agent is selected from the group comprising of Potassium Dihydrogen Phosphate, Sodium Hydroxide and the like or mixtures thereof" ."
27.10 By virtue of the grant of IN'568, under Section 48 of the Patent Act ("Act"), the Plaintiff has the exclusive right to prevent any third party including Defendants herein from making, using, offering for sale, selling, exporting or importing into India, products that fall within the scope of the Claims of IN'568 - including an SE formulation containing Pyriproxyfen (5%) and Diafenthiuron (25%).
CS(COMM) 1205/2025 Page 8 of 25This 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 21/11/2025 at 21:50:51 27.11 The Plaintiff, through its field force, became aware in last week of September 2025 that a product 'Pyron' ("Impugned Product"), being an SE formulation of Pyriproxyfen 5% + Difenthiuron 25%, is available in the market and e-commerce platforms. 27.12 The Plaintiff initiated a preliminary investigation in the market and found that the Impugned Product is being offered by Defendant No. 2, that runs an interactive e-commerce website and can be accessed through the link 'https://www.katyayaniorganics.com/'. A screenshot of the listing of the Impugned Product on this link is attached below:
27.13 Upon further research, the Plaintiff became aware that Defendant No. 2 launched an e-commerce portal in 2021, i.e., "Katyayani Krishi Direct", accessible at 'https://katyayanikrishidirect.com/' and a mobile application, Katayani Krishi Direct, on Google Play store. The Impugned Product is listed on this link and the mobile application, and screenshots of the same are reproduced below:CS(COMM) 1205/2025 Page 9 of 25
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 21/11/2025 at 21:50:51 27.14 The Plaintiff placed an order for the Impugned Product from Krishi Direct App on 26.09.2025, to check the actual availability of the Impugned Product in the market. The said product was delivered in a span of 4 days on 30.09.2025 within the territorial jurisdiction of this Court, through a third-party delivery company.
27.15 Further searches on Google revealed that the Impugned Product is extensively available on various e-commerce platforms, some of CS(COMM) 1205/2025 Page 10 of 25 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 21/11/2025 at 21:50:51 which state that the infringing product is in stock and is ready to be delivered.
27.16 To determine the extent of the infringement of IN'568, on 26.09.2025, the Plaintiff placed another order from an e-commerce website 'www.agribegri.com' of Defendant No.5, i.e., Agribegri Tradelink Pvt. Ltd., and the same was delivered on 03.10.2025. A screenshot of the listing of the Impugned Product on the said website is attached below:
27.17 The following is list of the e-commerce portals on which the Impugned Product is being offered for sale and delivery:
S. No. Portal Link
1. Katyayani Organics https://www.katyayaniorganics.com/product/pyriproxyfex/?srslti
d=AfmBOoogZk72X_IWyD15iS7hfOKUe3rCcnxbaqfeK6UM VZlxJXUTRlUD CS(COMM) 1205/2025 Page 11 of 25 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 21/11/2025 at 21:50:51
2. Katyayani Krishi https://katyayanikrishidirect.com/products/pyron-pyriproxyfen-
Direct 5-diafenthiuron-25-se-insecticide? srsltid=AfmBOoq-
f6Rm5zcwdz4r9knUx_bJCJX4AjN-Q2Wzgb7-Jz3fG8TXjlrC
3. Katyayani Global https://katyayaniglobal.katyayaniorganics.com/products/846166 7303720
4. Agri Begri https://agribegri.com/products/buy-katyayani-pyron-
pyriproxyfen-5--diafenthiuron-25-se-insecticide-online.php
5. Meesho https://www.meesho.com/katyayani-pyron-pyriproxyfen-5- diafenthiuron-25-se-insecticide-provides-immediate-results- against-adult-whiteflies-and-promotes-plant-vitality-alongside- pest-control-750ml/p/6u7jmk
6. Bharat Agri https://krushidukan.bharatagri.com/en/products/katyayani-
pyron-pyriproxyfen-5-diafenthiuron-25- insecticide?srsltid=AfmBOooydh0HXDfwhTwunLyRSVg5PNR 7KqF2nYvtwjKlNymYVWewQ7LX
7. Shopclues https://www.shopclues.com/katyayani-pyron-pyriproxyfen-5--
diafenthiuron-25-se-insecticide-153596295.html? srsltid=AfmBOoolDiuhGycLoks5zdOY_YmxyyraRa7YwfCeNh uNyTBXtFOAXveN
8. Badi Kheti https://www.badikheti.com/insecticide/pdp/katyayani-pyron-
pyriproxyfen-5-diafenthiuron-25-se-insecticide/sx8ckzjm
9. KisanShop https://www.kisanshop.in/product/katyayani-pyron-insecticide-
pyriproxyfen-5percent-diafenthiuron-25percent- se?srsltid=AfmBOoqw3_-OWC6otU8CdA1fGPGSSOJu Eec AKd9zRUo2jyGi3T0rUVOI
10. Agriplex https://agriplexindia.com/products/katyayani_pyron_pyriproxyfe n_5-_-_diafenthiuron_25-_se_-_insecticide?srsltid =AfmBOopHYHA7of7zIfSmW8CAr23sh31xfCL3mpFuqH4aX ZMSGDRswtVA
11. BigHaat https://www.bighaat.com/products/katyayani-pyron-
pyriproxyfen-5-diafenthiuron-25- se?variant=40706807234583&utm_source=Google&utm_mediu m=CPC&utm_campaign=22478957200&utm_adgroup=&utm_t erm=&creative=&device=c&devicemodel=&matchtype=&feedit emid=&targetid=&network=x&placement=&adposition=&GA_l oc_interest_ms=9298345&GA_loc_physical_ms=9061667&gad _source=1&gad_campaignid=22469016219&gbraid=0AAAAA DhCwQJa1geB53bdG417IlrpwnUdp&gclid=CjwKCAjwt- _FBhBzEiwA7QEqyBP1 MlmOI_QTdOE_K_O-
y1Iyc9hQ54NTsic3MiMmTMWEyj UYrmk3BhoCpFQQAvD_BwE
12. Gramik https://shop.gramik.in/product/Katyayani-PYRON-Insecticide-
CS(COMM) 1205/2025 Page 12 of 25This 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 21/11/2025 at 21:50:51 1mMH1?srsltid=AfmBOorR58yKJjL8O96OV z21azjlMNLbPBV_Se8Xwlx8J9P7y8YZQt8v
13. IndiaMART https://www.indiamart.com/proddetail/pyron-pyriproxyfen-5- diafenthiuron-25-se-250-ml-2854345528662.html? srsltid=AfmBOopmKnDmq6XHRCnfkNvE7Aml8tIe7Pe2_Qh- yDnDGAYIxjYQHOhr
14. Moglix https://www.moglix.com/katyayani-3-litre-pyriproxyfex-
insecticide-k-5419/mp/msnnkqgr0jwz9x https://www.moglix.com/katyayani-250ml-pyriproxyfex- insecticide-k-5416/mp/msnekpq0jg0w52
15. JioMART https://www.jiomart.com/p/homeandkitchen/katyayani-pyron-
pyriproxyfen-5-diafenthiuron-25-se-insecticide/ 612139993
16. KisanZone https://ekisanzone.com/product.php?id=1721
17. Krishi Bazaar https://krishibazaar.in/product/katyayani-pyron-
insecticide?srsltid=AfmBOortb0etijyXL18lBtR9J-o6r_s9-eQ- RP75TczDiJb98I0MkEve
18. Kisan-e-store https://www.kisanestore.com/index.php?route=product/product &product_id=9392 27.18 The pictures of the Impugned Product are reproduced below:
PYRON Photographs CS(COMM) 1205/2025 Page 13 of 25 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 21/11/2025 at 21:50:51 Magnified Inset Images 27.19 As per the information available on the label of the Impugned Product, the Impugned Product is manufactured and packed by Defendant No. 1, and is marketed by Defendant No. 2. Both Defendant Nos. 1 and 2 are proprietorship concerns of Defendant No. 4. 27.20 By virtue of the grant of IN'568, under Section 48 of the Act, the Plaintiff has the exclusive right to prevent the said Defendants from making, using, offering for sale, selling, exporting or importing into India, products that fall within the scope of the Claims of IN'568 -
including an SE formulation containing Pyriproxyfen (5%) and Diafenthiuron (25%).
27.21 The listing of excipients on the label of the Impugned Product shows that it is a slavish copy of the Claims of IN'568. A table depicting CS(COMM) 1205/2025 Page 14 of 25 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 21/11/2025 at 21:50:51 the infringement of IN'568 by the Impugned Product is produced hereinbelow:
Title of IN'568 Defendants' Product
A SYNERGISTIC SUSPO-EMULSION
FORMULATION OF PYRIPROXYFEN AND
DIAFENTHIURON
Claim Claim Text and Claim Scope Defendants' Product
No.
1. A Synergistic Suspo-emulsion A Suspo-Emulsion formulation
formulation comprising of
a) Pyriproxyfen as its free base or Pyriproxyfen
its agrochemically acceptable salts Ethoxylate of Octyl Phenol;
with Poly Aryl Phenol or Octyl Tristyrylphenol ethoxylate;
Phenol Ethoxylates; Polyarylphenyl ether sulphate;
Ammonium salt
b) Diafenthiuron as its free base or Diafenthiuron
its agrochemically acceptable salts Copolymer Butanol EO/PO
with Magnesium Aluminium Silicate
and Acrylic polymer;
c) one or more inactive excipients
selected from the group consisting of
anti-freezing agent, Anti-Freezing Agent - Glycol 04.00%
anti-foaming agent, Anti-Foaming- Polydimethysiloxane
00.50%
suspending agent, Suspending Agent-Silica 00.80%
antimicrobial agent, Antimicrobial- 1,2-benzisothiazole-3-one
00.20%
thickener and Thickener- Xanthan gum 00.20%
CS(COMM) 1205/2025 Page 15 of 25
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 21/11/2025 at 21:50:51 buffering agent; Buffering Agent- sodium salt condensed wherein with formaldehyde 00.50% Pyriproxyfen is in the range of 1 to Pyriproxyfen 05.00% 15%; and Diafenthiuron is present in the range Diafenthiuron 25.00% of 25 to 55 %.
2. The Synergistic suspo emulsion Ethoxylate of Octyl Phenol - 10.00%;
formulation as claimed in according to Tristyrylphenol ethoxylate - 02.50%\; claim 1 wherein dispersant is Polyarylphenyl ether sulphate ethoxylates of Octyl Phenol & Poly Ammonium salt 02.00%; and Aryl Phenol, is present in the range of ethoxylated tristrylphenol - 02.00 % 15 to 25 %
3. The Synergistic suspo emulsion Glycol - 04.00% formulation as claimed in claim 1 wherein antifreezing agent is selected from the group comprising of polyethylene glycols, methoxypolyethylene glycols, polypropylene glycols, polybutylene glycols, glycerin, ethylene glycol and the like or mixtures thereof and the said anti-freezing agent is present in the range from 2 to 6 %.
4. The Synergistic suspo emulsion Polydimethylsiloxane - 00.50% formulation as claimed in claim 1 wherein antifoaming agent is selected from the group comprising of silicone emulsion, perfluoroalkylphosphonic acids and perfluoroaliphatic polymeric esters and the like or mixtures thereof and the said anti-foaming agent is present in the range of 0.05 to 0.25 %.
5. The Synergistic suspo emulsion Silica - 00.80 % formulation as claimed in claim 1 wherein suspending agent is selected from the group comprising of Magnesium Aluminium Silicate, fumed silica, magnesium montmorillonite and the like or mixtures thereof and the said suspending agent is in the range of 1 CS(COMM) 1205/2025 Page 16 of 25 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 21/11/2025 at 21:50:51 to 3 %.
6. The Synergistic suspo emulsion 1,2-benzisothiazolin-3-one - 00.20% formulation as claimed in claim 1 wherein antimicrobial agent is selected from the group comprising of 2-bromo-2-nitropropane-1,3-diol, 1,2- benzisothiazolin-3-one, 2-methyl-4- isothiazolin-3-one, 5-chloro-2-methyl-
4-isothiazolin-3-one and the like.
7. The Synergistic suspo emulsion Polysaccharides (Xanthan Gum) - 00.20% formulation as claimed in claim 1 wherein thickner is selected from the group comprising of xanthan gum, carboxymethyl cellulose, hydroxyethyl cellulose, dextrine, gum Arabic, polyvinyl alcohol and the like or mixtures thereof and the said thickener is in the range of 0.05 to 0.25%
8. The Synergistic suspo emulsion Napthalene sulfonic acid sodium salt formulation as claimed in claim 1 condensed with formaldehyde 00.50% wherein buffering agent is selected from the group comprising of Pottasium Dihydrogen Phosphate, Sodium Hydroxide and the like or mixtures thereof.
9. The Synergistic suspo emulsion The Impugned Product squarely falls formulation as claimed in any of the withing the scope of Claims 1 to 8, hence preceding claims wherein the said must necessarily falls within the scope of formulation is stable. Claim 9
10. The Synergistic suspo emulsion There is no process described in the Sec.
formulation as claimed in claim 1 9(4) Registration of the impugned product wherein, method for preparing the of the Defendant. Synergistic suspo-emulsion However, given that novelty of IN'568 composition comprises: stand acknowledged, and the fact that the
a) Treating Pyriproxyfen with Poly Defendant has a TIA Sec. 9(4) "me - too"
Aryl Phenol or Octyl Phenol registration - which required the Ethoxylates Octyl phenol ethoxylates, ingredients and amounts to match, the Ethoxylates of Poly Aryl Phenol and presumption is that the burden on a propylene glycol resulting in a pre- patentee under Section 104A of TPA is formed solution; met, and the onus of showing that a CS(COMM) 1205/2025 Page 17 of 25 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 21/11/2025 at 21:50:51
b) Treating Diafenthiuron with different process is used is now on the Acrylic polymer of Amine Salt, Defendant.
Magnesium Aluminium Silicate, Silica and Silicon Antifoam Emulsion in aqueous phase;
c) mixing Solution of step a) and step
b), water and buffering agent wherein buffering agent is selected from the group comprising of Potassium Dihydrogen Phosphate, Sodium Hydroxide and the like or mixtures thereof.
Note: A "me - too" registration shifts burden on to the Defendant in terms of Section 104A of the Act.
27.22 Claim 10 of IN'568 covers a method for preparing the synergistic SE formulation as claimed in Claim 1. Thus, the subject matter of IN'568 is not only limited to the Plaintiff's products but also covers the process for manufacturing these products.
27.23 The Plaintiff at this stage is not aware of the exact process used by Defendant Nos. 1 to 4 to manufacture the Impugned Product. There is a presumption under Section 104A of the Act that the same process as that claimed in IN'568 is being used by Defendant Nos. 1 to 4 to manufacture the Impugned Product since the Impugned Product manufactured by Defendants is identical to the product covered and claimed by IN'568.
27.24 However, irrespective of the process used by the said Defendants to manufacture the Impugned Product, making, using, offering for sale, selling, exporting or importing into India the Impugned Products claimed in IN'568, constitutes an infringement of IN'568.
CS(COMM) 1205/2025 Page 18 of 25This 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 21/11/2025 at 21:50:51 27.25 The extent of harm to the Plaintiff and its irreparable nature is evident from the sales figures of the Plaintiff from 2018 to 12.10.2025, which are as under:
SLR 525 Sales 01.04.2018-12.10.2025 Year Sales Qty. Sales Amount-W.O.GST Sales Amount-With GST 2018-19 90,230.50 15,44,26,755.60 18,21,90,249.34 2019-20 2,76,797.90 45,41,51,731.70 53,58,21,914.32 2020-21 4,03,978.30 75,60,16,980.00 89,20,38,972.94 2021-22 2,14,138.00 36,83,30,562.45 43,48,34,573.51 2022-23 3,50,312.25 63,78,88,921.00 75,27,71,828.01 2023-24 4,60,576.20 82,45,96,233.40 97,25,76,950.59 2024-25 3,78,749.15 68,46,84,114.95 80,82,30,308.80 2025-26 3,35,047.80 55,33,09,535.10 65,29,11,305.41 Total 25,09,830.10 4,43,34,04,834.20 5,23,13,76,102.92 Sales Data 5,00,000 4,50,000 4,00,000 3,50,000 3,00,000 2,50,000 2,00,000 1,50,000 1,00,000 50,000 0 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 27.26 There is no control that the Plaintiff enjoys over the quality of the Impugned Product, which can lead to deleterious effects on critical crops and the livelihood of farmers. Therefore, the sale of the Impugned Product is liable to be restrained.CS(COMM) 1205/2025 Page 19 of 25
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28. Having considered the pleadings, documents placed on record and the submissions advanced by the learned Counsel for the Plaintiff, it is clear that the Claims of IN'568 cover an SE formulation of Pyriproxyfen and Diafenthiuron, wherein the Pyriproxyfen is in the range of 1-15% and Diafenthiuron is in the range of 25-55%. Prima facie, it is also evident that the Impugned Product 'Pyron' contains an SE formulation of 5% Pyriproxyfen and 25% Diafenthiuron, which falls within the range specified and covered under the Claims of IN'568.
29. Therefore, a prima facie case has been made out on behalf of the Plaintiff for the grant of an ex-parte ad-interim injunction. Irreparable injury would be caused to the Plaintiff if an ex-parte ad-interim injunction is not granted and balance of convenience is in favour of the Plaintiff and against Defendant Nos. 1 to 4 and 6.
30. Accordingly, till the next date of hearing, it is directed that:
a. Defendant Nos. 1 to 4 and 6, their directors, employees, officers, servants, agents, subsidiaries, affiliates and all others acting for and on their behalf, are restrained from making, using, selling, distributing, advertising, exporting, offering for sale, and in any other manner, directly or indirectly, dealing in the Impugned Product 'Pyron', or any other product / any product made by a process, that infringes the claimed subject matter of the Plaintiff's Indian Patent No. IN 394568. b. Defendant No. 5 is directed to block / take down / remove / disable the listing of the Impugned Product 'Pyron', which is available at 'https://agribegri.com/products/buy-katyayani-pyron-pyriproxyfen-5-
-diafenthiuron-25-se-insecticide-online.php' within 72 hours of the receipt of a copy of this Order.CS(COMM) 1205/2025 Page 20 of 25
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31. Let the Reply to the present Application be filed within four weeks after service of Notice. Rejoinder thereto, if any, be filed before the next date of hearing.
32. List before this Court on 09.03.2026.
I.A. 27908/2025 (for Appointment of Local Commissioners)
33. The present Application has been filed by the Plaintiff under Order XXVI Rule 9 read with Order XXXIX Rule 7 and Section 151 of the CPC, seeking appointment of two Local Commissioners. 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. 27907/2025 under Order XXXIX Rule 1 & 2 of the CPC.
34. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint Local Commissioners to visit the premises at the following address:
Sr. No. Particulars Name of Local Commissioner
1. Defendant No. 1 Mr. Parveen Thakur, Advocate Plot No. 49, Pipalkheria, [Contact No.: 9818150450] Industrial Area Raisen, Bhopal, Madhya Pradesh - 464551
2. Defendant No. 2 Mr. Saurabh Kansal, Advocate MX- 175, and MIG 539, [Contact No.: 9958378565] E - 7 Extension, Arera Colony, Bhopal, CS(COMM) 1205/2025 Page 21 of 25 This is a digitally signed order.
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462016
And
Defendant No. 4
HIG - 460, E - 7, Arera
Colony, R.S. Nagar,
Huzur, Bhopal,
Madhya Pradesh -
462016
35. The mandate of the learned Local Commissioner is as under:
i) The learned Local Commissioners shall visit the premises of the Defendants as per the above table, to inspect and seize Impugned Product 'Pyron' (including semi-finished / unfinished product) and / or any other product covered under the Claims of IN 394568.
ii) If knowledge is acquired of any other premises than the aforesaid premises, where the infringing goods could be stored or services can be provided from, the learned Local Commissioners is free to record the same and then visit the other premises and conduct a seizure there as well;
iii) The learned Local Commissioners 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 infringing goods CS(COMM) 1205/2025 Page 22 of 25 This is a digitally signed order.
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iv) The learned Local Commissioners shall also obtain the details as to since when infringing goods or products are being used by the Defendants and obtain copies of the accounts if the same is found to be sold in market;
v) The learned Local Commissioners 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 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;
vi) After preparation of the inventory, the infringing goods including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, banners, signage, cartons and other material, be released to the Defendants on superdari. The monetary value of the stock shall also be ascertained;
vii) The learned Local Commissioners are 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 Commissioners;
viii) Upon being requested, the concerned Station House Officer (SHO) shall render necessary cooperation for execution of the Commissions, as per this order;
CS(COMM) 1205/2025 Page 23 of 25This is a digitally signed order.
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ix) The learned Local Commissioners are permitted to take photographs and record videos of the proceedings of the Commissions, if it is deemed appropriate. Two representatives of the Plaintiff, which would include a lawyer, are permitted to accompany the learned Local Commissioners;
x) The learned Local Commissioners, while executing the Commissions, shall ensure that there is no disruption to the business of the Defendants, except for the purposes of the execution of the Commissions. The Commissions shall be executed in a peaceful manner.
36. Either the learned Counsel for the Plaintiff or the learned Local Commissioners are directed to collect the certified copy of this Order from the Registry (Dispatch Branch) before the execution of the Commissions.
37. The learned Local Commissioners shall carry the certified copy of this Order for execution of the Commissions and a copy of the same shall be served upon the Defendants by the learned Local Commissioners at the time of the execution of the Commissions.
38. The fees of the learned Local Commissioner visiting the premises of Defendant No. 1 is fixed at ₹2,00,000/- (Rupees Two Lakhs only) and the fees of the learned Local Commissioner visiting the premises of Defendant No. 2 and 4 is fixed at ₹2,50,000/- (Rupees Two Lakhs Fifty Thousands 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 learned Local Commissioners named hereinabove.
39. The Commissions shall be executed on 20.11.2025, and the report of CS(COMM) 1205/2025 Page 24 of 25 This is a digitally signed order.
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40. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commissions.
41. It is directed that this Order shall be uploaded on the Court's website after the execution of the Commissions is completed, to enable effective execution thereof.
42. List before this Court on 09.03.2026.
43. Order dasti under the signature of the Court Master.
TEJAS KARIA, J NOVEMBER 11, 2025/ 'A' CS(COMM) 1205/2025 Page 25 of 25 This is a digitally signed order.
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