Delhi High Court - Orders
Ab Skf vs M/S. Aspire Bearing Company & Ors on 14 August, 2025
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 844/2025
AB SKF .....Plaintiff
Through: Mr. Saif Khan, Mr. Prajjwal
Kushwaha and Ms. Meghana Kudligi,
Advocates.
versus
M/S. ASPIRE BEARING COMPANY & ORS. .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 14.08.2025
I.A. 19827/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 19825/2025 (Exemption from advance service to the Defendant Nos. 1 to 7)
3. 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 Nos. 1 to 7.
4. Mr. Saif Khan, 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 its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.
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 29/08/2025 at 22:16:00
5. In view of the fact that the Plaintiff has sought an urgent ex parte ad- interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendant Nos. 1 to 7 is granted.
6. The Application is disposed of.
I.A. 19826/2025 (Additional Documents)
7. 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 Commercial Courts Act, 2015 ("CC Act") seeking leave to place on record additional documents.
8. 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.
9. Accordingly, the Application stands disposed of. I.A. 19824/2025 (Exemption from pre-institution Mediation)
10. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.
11. 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.
12. The Application stands disposed of.
CS(COMM) 844/2025
13. Let the Plaint be registered as a Suit.
14. Issue Summons to the Defendants through all permissible modes upon filing of the Process Fee.
15. The Summons shall state that the Written Statement(s) shall be filed 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 29/08/2025 at 22:16:00 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.
16. 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.
17. 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.
18. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
19. List before the Joint Registrar on 29.10.2025 for completion of service and pleadings.
I.A. 19822/2025 (U/O XXXIX Rule 1 & 2 of CPC)
20. Issue Notice. Notice to be served through all permissible modes upon filing of the Process Fees.
21. The Plaintiff has filed the above suit against the Defendants, inter alia, seeking permanent injunction restraining infringement of Trade Marks and Copyright, and passing off.
22. Mr. Saif Khan, the learned Counsel for the plaintiff made the following submissions before the Court:
i. The Plaintiff is a company duly incorporated under the laws of Sweden, and has been engaged in the business of manufacturing and 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 29/08/2025 at 22:16:00 supplying bearings, seals, lubrication systems, and related products and services.
ii. Plaintiff stands as a global leader in the production of various types of bearings that comprises of multiple variants, such as, inter-alia, ball bearings, roller bearings, and plain bearings that are essential components in machinery and equipment across various industries. iii. The Plaintiff's Indian subsidiary, SKF Bearings India Limited, is a company duly incorporated and registered under the Companies Act, 1956, having its registered office at Mahatma Gandhi Memorial Building, Netaji Subash Road, Mumbai, Maharashtra - 400002. The said company started its operations in India in 1923 and over the years it has evolved from being a pioneer ball bearing manufacturing company to a knowledge-driven engineering company focused on helping its customers achieve sustainable and competitive business excellence.
iv. The Plaintiff has been manufacturing and marketing its bearings under the Trade Mark 'SKF' ("Plaintiff's Trade Mark") and has been using the Plaintiff's Mark since the year 1907 for various types of bearings. The Plaintiff is acknowledged as the market leader in the rolling bearing industry and has acquired significant goodwill and reputation in respect of the same, across the country and internationally.
v. The Plaintiff has an authorized list of distributors and partners through which their genuine products are sold. Additionally, the Plaintiff also has a comprehensive network of sale and after-sale service for its products in over 129 countries in the world, including 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 29/08/2025 at 22:16:00 vi. The Plaintiff has made significant investments of time and money in the marketing and promotion of the Plaintiff's Trade Mark 'SKF' and the quality of the products under the same over the course of years, due to which it has developed extensive goodwill, reputation and identity of its products under the Plaintiff's Trade Mark. vii. The Plaintiff has obtained various Trade Mark registrations for its 'SKF' formative Trade Mark. A list of the Plaintiff's Trade Marks is as under:
Serial Trade Mark No. Class Trade Mark
No.
1. 5982 6
2. 5983 6
3. 320662 6
4. 320663 7
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 29/08/2025 at 22:16:00 5. 320664 8 6. 320665 9 7. 320666 12 8. 4285953 99 viii. The Plaintiff has been manufacturing and selling bearings on a global scale under the Plaintiff's Trade Mark in a unique Trade Dress having a distinctive colour scheme of red, white and blue, and arrangement of artistic features such as 'SKF' written in bold white letters ('Plaintiff's Trade Dress'), which is hereinunder:
ix. The Plaintiff's Trade Dress has been curated, conceptualized and developed by and at the instance of the Plaintiff, constituting original artistic work within the meaning of Section 2(c) of the Copyright Act, 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 29/08/2025 at 22:16:00 1957.
x. The Plaintiff has been widely and extensively using the Plaintiff's Trade Mark for several years, by virtue of which, the Plaintiff's Trade Marks are well recognized, highly reputed, and exclusively associated with the high-quality goods of the Plaintiff. Any subsequent adoption or use of an identical or deceptively similar Trade Mark cannot be done without the Plaintiff's permission.
xi. Defendant Nos. 1 to 7 are various business entities working together in a closely knit network and managed by one Mr. Bharat Premani and his family members. The said Defendants are involved in manufacturing and selling inferior quality counterfeit products bearings under the Plaintiff's Trade Mark ('Impugned Products'). xii. The Plaintiff regularly receives information and complaints regarding infringement of the Plaintiff's Trade Mark by Defendant Nos. 1 to 7, who manufacture and sell Impugned Products bearing the Plaintiff's Trade Mark. The true extent of the said infringing operations and the individuals involved was only revealed to the Plaintiff in February 2025, when the physical verification was carried out by the Plaintiff. The Plaintiff has been receiving complaints related to several entities having common name 'ASPIRE' with different GST numbers. xiii. The said Defendants have issued various invoices and a perusal of the same indicates their usage of two Bank Accounts, i.e., 7912744985 and 9912745043, registered with Kotak Mahindra Bank, at their Nariman Point Branch, having IFSC CODE KKBK0000958. Therefore, the Plaintiff has impleaded Kotak Mahindra Bank as Pro Forma Defendant no. 8, seeking blocking of the said Bank Accounts.
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 29/08/2025 at 22:16:00 xiv. The Plaintiff is unaware of the detailed particulars of other Defendants who are also equally liable as the identified Defendants and the said unidentified Defendants have been arrayed as John Doe(s)/Defendant No. 9. The Plaintiff has a strong apprehension that Defendant No. 9 are a part of a larger conspiracy and there are several other individuals involved in the said conspiracy.
xv. The activities of Defendant Nos. 1 to 7 and 9 are bound to cause irreparable harm and injury to the business, goodwill, and reputation of the Plaintiff and therefore, there exists a strong prima facie case for the grant of an ex-parte ad-interim injunction in favour of the Plaintiff, who is the registered proprietor of the Plaintiff's Trade Mark 'SKF', and has been using it since the year 1907. The Plaintiff's Trade Mark are being unlawfully used by Defendant No. 1 to 7 and 9 for commercial benefit amounting to infringement of the Plaintiff's statutory rights.
xvi. Defendant Nos. 1 to 7 and 9 are selling Impugned Products, which are counterfeit and inferior quality under the Plaintiff's Trade Mark. Thus, Defendant Nos. 1 to 7 and 9 have violated basic commercial ethics and has misappropriated Plaintiff's business reputation and goodwill to increase their profits.
xvii. The balance of convenience is in favour of the Plaintiff and against Defendant Nos. 1 to 7 and 9 since irreparable loss, damage and injury has been caused to the Plaintiff's business, goodwill, reputation and brand image. If ex-parte ad-interim injunction is not granted, it would cause irreparable loss to the relevant class of purchaser, who unequivocally associates the Plaintiff's Trade Mark with 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 29/08/2025 at 22:16:00 Plaintiff's goods.
xviii. The infringing activities of the Defendant has caused irreparable loss and injury to the Plaintiff, which cannot be fully compensated in terms of damages.
23. Having considered the pleadings, documents and submissions, the use by the Defendant Nos. 1 to 7 of the Plaintiff's Trade Mark and Plaintiff's Trade Dress hereby leading to confusion regarding the source or origin of the goods. The counterfeit and inferior quality of the Impugned Products wrongfully using the Plaintiff's Trade Mark is causing immense prejudice to the innocent members of the public, who are being misled to believe that the Impugned Goods are genuine products of the Plaintiff due to misuse of Plaintiff's Trade Mark on the Impugned Products.
24. No prejudice will be caused to Defendant Nos. 1 to 7 and Defendant No. 9 as prima facie, they do not have any right to use the Plaintiff's Trade Mark on Impugned Products, which are counterfeit.
25. Accordingly, the Plaintiff has made out a prima facie case for grant of ex-parte ad-interim injunction against Defendant Nos. 1 to 7 and Defendant No. 9/John Doe(s) restraining them using the Plaintiff's Trade Mark 'SKF' and Plaintiff's Trade Dress. The balance of convenience is also in favour of the Plaintiff.
26. Accordingly, till the next date of hearing, Defendant Nos. 1 to 7 and 9, their respective proprietors, partners, directors, principal officers, associates, affiliates, licensees, distributors, dealers, stockists, retailers, servants, agents, and all others acting on their behalf, are restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly using or dealing in any goods and services including as part of domain, 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 29/08/2025 at 22:16:00 email ID, social media handle or any manner in the course of trade under the Plaintiff's Trade Mark 'SKF' and Plaintiff's Trade Dress i.e. or any other Trade Mark/Trade Name/Trade Dress that may be phonetically, visually, structurally and deceptively similar to the Plaintiff's Trade Mark 'SKF' and Plaintiff's Trade Dress amounting to infringement of the Plaintiff's Trade Mark and passing off or in any manner reproducing the Plaintiff's copyright work in Plaintiff's Trade Dress and packing without authorisation from the Plaintiff amounting to infringement of Copyright.
27. Defendant No.8 is directed to freeze Bank Accounts Nos. 7912744985 and 9912745043, both having IFSC Code KKBK0000958, and disclose complete KYC details and particulars regarding the opening and operating of the said bank accounts as well as the complete bank statements of the said Bank Accounts from opening till date in a sealed envelope / password protected document.
28. Let the Reply to the present Application be filed within four weeks. Rejoinder thereto, if any, be filed before the next date of hearing.
29. The compliance of Order XXXIX Rule 3 of the CPC to be done within two weeks.
30. List before the Court on 01.12.2025.
I.A. 19823/2025(for Appointment of Local Commissioner)
31. The present Application has been filed by the Plaintiffs under 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 29/08/2025 at 22:16:00 XXVI Rules 4, 9 and 10 read with Order XXXIX Rule 7 and Section 151 of the CPC, seeking appointment of a Local Commissioner. The Court has considered the merits of the Plaintiffs' case and has granted an ex-parte ad- interim injunction as recorded above in I.A. 19822/2025 under Order XXXIX Rule 1 & 2 of the CPC.
32. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint Local Commissioner to visit the Defendants' premises at the following address:
Sr. No. Particulars Name of Local Commissioner
1. M/s Aspire Bearings and Ms. Sudeshna Singh, Advocate M/s Pragati Bearings [Contact No.- +91 6901608128] Upper Ground Floor Plot No 643-48, 674-75, Aisha Bhawan, Off No 24, Fasil Road, Near Farashkhana, G B Road, New Delhi, North Delhi, Delhi - 110006
33. The mandate of the learned Local Commissioner is as under:
a. The learned Local Commissioner shall visit the premises of the Defendants as per the above table, to inspect and seize any Impugned Products, fully or semi-manufactured, bearing the Mark / Label 'SKF' or Packaging/Trade Dress which is identical or deceptively similar to the Plaintiff's Trade Mark 'SKF' and/or Plaintiff's Trade Dress:
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 29/08/2025 at 22:16:00 b. If knowledge is acquired of any other premises than the aforesaid premises, where the goods bearing the Plaintiff's Mark could be stored or services can be provided from, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well; c. The learned 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 goods or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the Impugned Products can take place;
d. The learned Local Commissioner shall also obtain the details as to since when Impugned Products are being used and obtain copies of the accounts, if the same is found to be sold in the market;
e. The learned Local Commissioner shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records and any other books of 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 29/08/2025 at 22:16:00 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 Defendant 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;
f. After preparation of the inventory, the Impugned Products including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, banners, signage, cartons and other material and packaging bearing the Plaintiff's Trade Mark or any mark that is similar or identical to the Plaintiff's Trade Mark shall be released to the Defendant on superdari. The monetary value of the stock shall also be ascertained;
g. The learned Local Commissioner is 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 Commissioner;
h. Upon being requested, the concerned Station House Officer (SHO) shall render necessary cooperation for execution of the Commission, as per this order;
i. The learned Local Commissioner is permitted to take photographs and videographs of the proceedings of the Commission, if it is deemed appropriate. Two representatives of the Plaintiff, which would include a lawyer, are permitted to accompany the Local Commissioner;
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 29/08/2025 at 22:16:00 j. The learned 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.
34. A copy of this Order be provided to the learned Local Commissioner and the same will be served upon the Defendants by the Local Commissioner at the time of execution of the Commission.
35. The fees of the Local Commissioner is fixed at ₹1,00,000/- (Rupees One Lakh 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 Local Commissioner named hereinabove.
36. The Commission shall be executed on 22.08.2025, and the report of the Local Commission shall be filed within a period of two weeks thereafter.
37. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commission.
38. It is directed that this Order shall be uploaded on the Court's website after the execution of the Commission is completed, to enable effective execution thereof.
39. List before this Court on 01.12.2025.
40. Order dasti under the signature of the Court Master.
TEJAS KARIA, J AUGUST 14, 2025 sms 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 29/08/2025 at 22:16:00