Delhi High Court - Orders
Mr. Arjan Dugal & Anr vs Mr. Shubham Gandhi & Anr on 29 August, 2025
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 918/2025
MR. ARJAN DUGAL & ANR. .....Plaintiffs
Through: Mr. Chander M. Lall, Mr. Devanshu
Khanna, Ms. Harsshita Pothiraj, Mr.
Partheshwar Singh and Ms. Annanya
Mehen, Advocates.
Versus
MR. SHUBHAM GANDHI & ANR. .....Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 29.08.2025 IA No.21337/2025 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. No.21338/2025 (Exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the 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.
IA No.21339/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
6. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ("CPC") as applicable to Commercial Suits under the Commercial Courts Act, 2015 CS(COMM) 918/2025 Page 1 of 38 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 12/09/2025 at 22:22:23 ("CC Act") seeking leave to place on record additional documents.
7. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
8. Accordingly, the Application stands disposed of. I.A. No.21340/2025 (Exemption from advance service to the Defendants)
9. This is an Application filed by the Plaintiffs under Section 151 of the CPC seeking exemption from advance service to the Defendants.
10. The learned Senior Counsel for the Plaintiffs submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.
11. In view of the fact that the Plaintiffs have sought an urgent an ex- parte ad-interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendants is granted.
12. The Application is disposed of.
I.A. No.21341/2025 (for permission to file documents in sealed cover)
13. This is an Application filed by the Plaintiffs under Section 151 of the CPC seeking leave to file certain documents in a sealed cover.
14. The Plaintiffs seeks to file their Confidential Client Database along with supporting affidavit in a sealed cover, which is stated to be commercially sensitive data. Accordingly, the Plaintiffs are at liberty to furnish the Confidential Client Database along with supporting affidavit in the instant Application, in a sealed cover, within two weeks from today.
15. The Application stands disposed of.
CS(COMM) 918/2025 Page 2 of 38This 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 12/09/2025 at 22:22:23 I.A. No21342/2025 (Extension of time to file Court Fees)
16. The present Application has been filed by the Plaintiffs under Section 149 read with Section 151 of the CPC, seeking exemption from payment of Court Fees at the time of the filing of the Suit.
17. Considering the submissions made in the present Application, time of two weeks is granted to file the Court Fees.
18. The Application stands disposed of.
CS(COMM) 918/2025
19. Let the Plaint be registered as a Suit.
20. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.
21. 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 Plaintiffs, without which the Written Statement(s) shall not be taken on record.
22. Liberty is granted to the Plaintiffs to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.
23. 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.
24. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
CS(COMM) 918/2025 Page 3 of 38This 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 12/09/2025 at 22:22:23
25. List before the Joint Registrar on 28.10.2025 for completion of service and pleadings.
I.A. No.21335/2025 (U/O XXXIX Rule 1 & 2 of CPC)
26. Issue Notice. Let Notice be served through all permissible modes upon filing of the Process Fees.
27. The present Suit has been filed for restraining infringement of Copyright / Trade Dress / original Artistic Work vested in the designer garments of the Plaintiffs, passing off, breach of contract, misappropriation of Trade Secrets and Customer Data, unfair competition, breach of confidence, and unjust enrichment, along with rendition of accounts, damages and delivery up.
28. The learned Senior Counsel for the Plaintiffs submitted that the Plaintiff No.1 established his eponymous designer label, 'ARJAN DUGAL', in the year 2014 and has, since its launch, been engaged in the business of designer, made-to-measure menswear garments. Plaintiff No. 1 was the sole proprietor of "Arjan Dugal - A Unit of Harlequin", which has since been converted into a Limited Liability Partnership and is Plaintiff No. 2 in the present Suit. In the course of conducting his business, Plaintiff No. 1 coined, created, and adopted various Intellectual Properties, including but not limited to, various Trade Marks, Domain Names, Copyrights, proprietary databases, and confidential business sensitive information. Over the past eleven years, Plaintiff No. 1, under the label 'Arjan Dugal', has built a well- known and reputed brand within the Indian fashion industry.
29. The learned Senior Counsel for the Plaintiffs submitted that Plaintiff No. 1 is presently engaged in the business of creating and selling menswear for the modem style-conscious man by adopting a fresh take on classic CS(COMM) 918/2025 Page 4 of 38 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 12/09/2025 at 22:22:23 Indian wear. Plaintiff No. 1 has, over the past decade, redefined the term 'ethnic' by bringing together a range of 'neo-menswear' silhouettes with classical Indian treatments, fabrics and designs and adapting them to the modem style-conscious man. Plaintiff No. 1 presents a unique blend of modem cuts and contemporary silhouettes with understated minimalism and edginess in rich hues and quirky prints ideal for all-day festivities.
30. The learned Senior Counsel for the Plaintiffs submitted that Defendant No. 1, Mr. Shubham Gandhi, was employed by the Plaintiffs from 22.04.2019 to 24.062024 in the capacity of Merchandiser and Fashion Consultant at the Plaintiffs' Flagship Store in Friend's Colony East, New Delhi. During the course of his employment, Defendant No. 1 was granted access to the Plaintiffs' proprietary and confidential materials. including but not limited to original Copyrights, Designs, garment construction methodologies, confidential design techniques, Trade Secrets, proprietary collections and the methods of their creation as well as sensitive client information under strict confidentiality. At the time of Defendant No. 1 's resignation from Plaintiff No. 2, the Plaintiffs' Client Database comprised approximately 6,000 clients that the Plaintiff No. 1 had built after investing years of hard work and resources. Further, Defendant No. 1, after his exit from the Plaintiff No. 2, has unauthorisedly accessed and approached the Plaintiffs' entire Client Database, thereby misappropriating the same without the Plaintiffs' knowledge or consent.
31. The learned Senior Counsel for the Plaintiffs submitted that following his departure, Defendant No. 1 commenced a competing designer menswear business under the brand name 'So.Man'. In doing so, he has unlawfully used the Plaintiffs' proprietary Artistic Work, identical garment construction CS(COMM) 918/2025 Page 5 of 38 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 12/09/2025 at 22:22:23 techniques, design detailing and confidential business databases as a spring board to jumpstart his own venture. By misappropriating these assets, Defendant No. 1 is not only encroaching upon the Plaintiffs' business, but is also attempting to build his reputation by exploiting the Plaintiffs' goodwill and established market presence, thereby causing significant harm to their commercial interests.
32. The learned Senior Counsel for the Plaintiffs submitted that Defendant No. 2 is the wife of Defendant No. 1 and a co-founder of the label 'So.Man.' Defendant No. 2 was previously employed as a Retail Merchandiser with Plaintiff No. 1's womenswear label, being "Simar Dugal," for a period of three years, from 12.10.2021 to 28.12.2024. Defendant No. 2 had access to the Plaintiffs' proprietary Artistic Works and garment construction techniques, as both labels operated from the same premises and under the same creative direction.
33. The learned Senior Counsel for the Plaintiffs submitted that the Defendant No. 1 left the Plaintiffs' employment on 24.06.2024. It is respectfully submitted that at the time of Defendant No. 1's cessation of employment with the Plaintiffs, Defendant No. 1 did not disclose to the Plaintiffs his intention to launch a menswear clothing brand. Upon subsequently learning of Defendant No. 1's plans, Plaintiff No. 1, acting in good faith and with the intent of supporting his former employee, allowed Defendant No. 1 to reach out to a limited number of clients with whom Defendant No. 1 had built a relationship during his tenure with the Plaintiffs. Notably, Plaintiff No. 1 expressly requested that Defendant No. 1 provide a list of such clients for his review and approval. However, no such list was ever furnished.
CS(COMM) 918/2025 Page 6 of 38This 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 12/09/2025 at 22:22:23
34. The learned Senior Counsel for the Plaintiffs submitted that the Plaintiffs first gained knowledge of the acts of the Defendants on 21.12.2024, when several loyal clients of the Plaintiffs independently reached out to express concern at the striking similarity of the Defendants' garments ("Infringing Garments") with those of the Plaintiffs' and the resulting confusion that is being caused amongst the Plaintiffs' clientele. Subsequently, in January 2025, Plaintiff No. 1 reached out to Defendant No. 1 and made it expressly clear that the Defendants cannot reach out to any of the Plaintiffs' clients and that the Defendants ought to respect the working relationship that they had shared with the Plaintiffs. At that time, Defendant No. 1 agreed and stated that he will respect boundaries and not reach out to any further clients. However, in July 2025, Plaintiff No. 1 was made aware that Defendant No. 1 is continuing to reach out to the Plaintiffs' Client Database and is making menswear garments that are deceptively similar to the Plaintiffs' own Artistic Work and Trade Dress. Such Infringing Garments are being actively marketed and promoted via the Defendants' Instagram and Facebook pages, WhatsApp callouts to the Plaintiffs' Clients, and third party websites.
35. The learned Senior Counsel for the Plaintiffs submitted that the Defendants have seemingly launched a label operating under the name 'So.Man,' of which the Defendants are claiming to be the founders and creative heads. The label is seemingly engaged in making ethnic and western wear exclusively for men and has launched its Instagram handle, 'so.manofficial,' and Facebook account, as available at https://www.facebook.com/people/So-Man/6157159l738059/.
36. The Defendants have also launched their website, as available at CS(COMM) 918/2025 Page 7 of 38 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 12/09/2025 at 22:22:23 https://somanstore.com/. As of 07.08.2025, the Plaintiffs learnt that the Defendants have blocked the Plaintiffs from their official Instagram page, i.e.. @so.manofficial, in an effort to maliciously stop the Plaintiffs from viewing the Defendants' promotional contents, which showcase the Infringing Garments.
37. The learned Senior Counsel for the Plaintiffs submitted that the specific silhouettes, cuts, embroidery techniques, and overall presentation, accents and other unique elements reflect the Plaintiffs' distinctive aesthetic. The fashion industry segment in which the Plaintiffs operate is highly niche, where each designer is closely identified by their unique visual language and design and creative sensibility. The Plaintiffs' designer label has, over time, established and built a strong reputation around its signature aesthetic-- particularly characterised by tone-on-tone (self-on-self) embroidery, a distinctive neckline cut, a built-in pocket square and most notably, upturned cuffs featuring either a printed or embroidered detail.
38. The learned Senior Counsel for the Plaintiffs submitted that some of the most notable, distinctive and recognizable features of the Plaintiffs' garments include the in-built pocket squares and upturned cuffs embellished with prints or embroidery. These elements were conceived and developed by the Plaintiffs after extensive research, have been continuously refined over time, and have remained an integral part of the Plaintiffs' design language since the inception of the brand in 2014.
39. The learned Senior Counsel for the Plaintiffs submitted that the Infringing Garments infringes upon the elements of the Plaintiffs' Products. The Defendants have also copied the specific colour combination used by the Plaintiffs, showing their intent to infringe the Plaintiffs' works and pass CS(COMM) 918/2025 Page 8 of 38 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 12/09/2025 at 22:22:23 off their products as originating from the Plaintiffs. The Defendants have further cleverly priced the prices of their garments much lower than the Plaintiffs' original Artistic Works in an attempt to undercut the Plaintiffs' business by offering identically looking products at a cheaper price. A comparison of the Plaintiffs' original Artistic Work and Trade Dress with the Infringing Products is provided below:-
S.No. Original Work and Trade Dress Infringing Work and Trade Dress of the Plaintiffs of the Defendants 1. • A Tone on Tone look with • A Tone on Tone look with Aari Aari embroidery embroidery • The embroidery is a • The embroidery is a combination of floral and combination of floral and geometric motifs geometric motifs • The embroidery is placed in • The embroidery is placed in CS(COMM) 918/2025 Page 9 of 38 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 12/09/2025 at 22:22:23 vertical lines on the garment. vertical lines on the garment. • Fabric loop buttons on the • Fabric loop buttons on the front front placket Placket • A V-neck open wide collar • A V-neck open wide collar • Plain lining on the sleeve identical in construction to the cuffs Plaintiffs.
• A navy coloured kurta styled • Plain lining on the sleeve cuffs with white pants • A navy coloured kurta styled • The garment design is part of with white pants a collection named 'Vertical • The garment design is named Aari' 'Stripe Aari' • The collection was originally • The collection is available in launched in Navy, off-White, Navy & Powder Pink Powder Pink & Black 2. CS(COMM) 918/2025 Page 10 of 38 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 12/09/2025 at 22:22:23 • A Tone on Tone look with • A Tone on Tone look with Dori Dori embroidery embroidery • The embroidery is placed in • The embroidery is placed in vertical lines on the garment. vertical lines on garment. • Front open short kurta shirt • Front open short kurta shirt with with buttons buttons • A V-neck open wide collar • A V-neck open wide collar • Plain lining on the sleeve • Plain lining on the sleeve cuffs cuffs • An off white kurta styled with • A powder pink coloured kurta white Pants styled with white pants • The garment design is part of a • The garment design is part of collection named 'Dori Front a collection named 'Vertical Open Kurta' Dori • The collection has been • The collection was originally launched in off-white. launched in navy, powder pink, off-white and black.CS(COMM) 918/2025 Page 11 of 38
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 12/09/2025 at 22:22:23 3. • An unstructured shirt-jacket in • An unstructured shirt-jacket cotton/Irish linen in cotton/Irish linen • Four patch pockets with flaps at • Four patch pockets with flaps the front of the garment with at the front of the garment with buttons buttons • A waist tie in the same base CS(COMM) 918/2025 Page 12 of 38 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 12/09/2025 at 22:22:23 • A waist tie in the same base fabric as the outfit fabric as the outfit • A piping of Ajrakh as an accent • A piping of Ajrakh as an on the sleeves.
accent on the sleeves. • Wide upturned cuffs with • Wide upturned cuffs with Ajrakh/Print linings Ajrakh/Print linings • Ajrakh collars attached to the • Ajrakh/Print on the collar collar lining • Metallic Buttons • Mother of pearl/Metallic • Collection designed in neutral Buttons Colours • Collection designed in neutral • The Defendants' have launched Colours it • The Plaintiffs' named the under the name of 'The Shacket' collection 'The Shacket'. and are manufacturing multiple iterations of this design.CS(COMM) 918/2025 Page 13 of 38
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 12/09/2025 at 22:22:23 4. • A self on self-tonal • A self on self-tonal embroidery embroidery on chanderi silk on chanderi silk • A short kurta with high slits • A short kurta with high side • A short mandarin collar with slits open v-neck and print lining. • A short mandarin collar with • Upturned Cuffs with printed open v-neck and print lining.
linings. • Upturned Cuffs with printed
• Styled with white pants linings.
• Collection has been launched • Styled with white pants in several colours including an • Collection has been launched in ice grey. an ice grey CS(COMM) 918/2025 Page 14 of 38 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 12/09/2025 at 22:22:23 • A tonal Nehru jacket of the • A tonal Nehru jacket of the same embroidery on the kurta same embroidery on the kurta • An open v-neck collar with a • An open v-neck collar with a print lining print lining • 5 metallic buttons on the front • 5 metallic buttons on the front of the jacket of the jacket • A built-in pocket square • A built-in pocket square matching the cuffs and the matching the cuffs and the inner inner lining lining • Two cut pockets on the front • Two cut pockets on the front • Styled with white pants • Styled with white pants • Collection has been launched • Collection has been launched in in several colours including an an ice grey CS(COMM) 918/2025 Page 15 of 38 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 12/09/2025 at 22:22:23 ice grey.5.
• A self on self- 2 tonal • A self on self-2 tonal
embroidery on chanderi silk embroidery on chanderi silk
• A short kurta with high side • A short kurta with high side slits. slits • A short mandarin collar with • A short mandarin collar with open v-neck and print lining. open v-neck and print lining. • Upturned Cuffs with printed • Upturned Cuffs with printed linings. linings.
• Styled with white pants • Styled with white pants • Collection was launched in • Collection is launched in mustard amongst others mustard amongst others CS(COMM) 918/2025 Page 16 of 38 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 12/09/2025 at 22:22:23 6. • A self on self-tonal • A self on self-tonal embroidery embroidery on chanderi silk on chanderi silk • A short mandarin collar with • A short mandarin collar with open v-neck and print lining. open v-neck and print lining. • Upturned Cuffs with printed • Upturned Cuffs with printed linings. linings.
• Styled with white pants • Styled with white pants CS(COMM) 918/2025 Page 17 of 38 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 12/09/2025 at 22:22:23 7. • A dual tone embroidery on • A dual tone embroidery on chanderi chanderi silk silk • A short kurta with high side • A short kurta with high side slits slits • A short mandarin collar with • A short mandarin collar with open v-neck open and print lining.
v-neck and print lining. • Upturned Cuffs with printed • Upturned Cuffs with printed linings.
linings. • Styled with white pants
• Styled with white pants
CS(COMM) 918/2025 Page 18 of 38
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 12/09/2025 at 22:22:23 A Detailed Image of the A Detailed Image of the Embroidery Embroidery
40. Having considered the submissions advanced by the learned Counsel for the Plaintiffs, the pleadings and the documents on record, a prima facie case has been made out on behalf of the Plaintiffs for grant of an ex-parte ad- interim injunction. Balance of convenience is in favour of the Plaintiffs and against the Defendants. Irreparable injury would be caused to the Plaintiffs if an ex-parte ad- interim injunction is not granted.
41. Accordingly, till the next date of hearing, it is directed that:
i. The Defendants, their partners, directors, group companies or sister concerns, associates, divisions, licensees, franchisees, agents, distributors and dealers are restrained from manufacturing, marketing, distributing, selling, using, advertising, marketing, offering for sale, or in any manner dealing in any garment or product, including but not limited to the Defendants' collection 'Stripe Aari Loop Button Kurta', and its variations therein under the label/brand 'So.Man' or any other label that they may establish thereafter, that infringe the Copyrights of CS(COMM) 918/2025 Page 19 of 38 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 12/09/2025 at 22:22:23 the Plaintiffs' in their original Artistic Works: The Vertical Aari, including various elements, and the representation of which is provided below:
ii. The Defendants, their partners, directors, group companies or sister concerns, associates, divisions, licensees, franchisees, agents, distributors and dealers are restrained from manufacturing, marketing, distributing, selling, using, advertising, marketing, offering for sale or in any manner dealing in any garment or product, including but not limited to the Defendants' collection 'Dori Front Open Kurta' and its variations therein under the label/brand 'So.Man' or any other label that they may establish thereafter, that infringe the Copyrights of the Plaintiffs' in their original Artistic Works: The Vertical Dori CS(COMM) 918/2025 Page 20 of 38 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 12/09/2025 at 22:22:23 including its various elements and the representation of which is provided below:
iii. The Defendants, their partners, directors, group companies or sister concerns, associates, divisions, licensees, franchisees, agents, distributors and dealers are restrained from manufacturing, marketing, distributing, selling, using, advertising, marketing, offering for sale or in any manner dealing in any garment or product, including but not limited to the Defendants' collection of 'Shackets' and its variations therein under the label/brand 'So.Man' or any other label that they may establish thereafter, that infringe the Copyrights of the Plaintiffs' CS(COMM) 918/2025 Page 21 of 38 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 12/09/2025 at 22:22:23 in their original Artistic Works: The Shacket, including various elements and the representation of which is provided below:
iv. The Defendants, their partners, directors, group companies or sister concerns, associates, divisions, licensees, franchisees, agents, distributors and dealers are restrained from manufacturing, marketing, distributing, selling, using, marketing and/or offering for sale any garment or product bearing the Plaintiffs' Trade Dress, get-up, overall look and feel, embroidery work, silhouettes, accents, linings, colour scheme, placement of motifs, layout, arrangement and/or any other features identical or deceptively similar to the Plaintiffs' Trade Dress, and the representations of which are provided below, so as to pass off CS(COMM) 918/2025 Page 22 of 38 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 12/09/2025 at 22:22:23 their goods as those of the Plaintiffs. The representations of the same are provided below:
v. The Defendants, their partners, directors, group companies or sister concerns, associates, divisions, licensees, franchisees, agents, distributors and dealers are restrained from manufacturing, marketing, CS(COMM) 918/2025 Page 23 of 38 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 12/09/2025 at 22:22:23 distributing, selling, using, marketing and/ or offering for sale any garment or product that includes elements identical/ deceptively similar to the Plaintiffs' works and specifically include the in-built pocket squares, the up-turned cuffs with the print embellishments the representative of which is provided below:CS(COMM) 918/2025 Page 24 of 38
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 12/09/2025 at 22:22:23 vi. The Defendants, their partners, directors, group companies or sister concerns, associates, divisions, licensees, franchisees, agents, distributors and dealers are directed to cease all manufacturing, promotions, advertisements, or sales of Infringing Garments or otherwise dealing in Infringing Garments and to remove all such infringing content from public domains including websites, social media, and look books including the Defendants' own social media platforms: https://www.instagram.com/so.manofficial/?hl=en https://www.facebook.com/people/So-Man/61571591738059/, https://in.pinterest.com/somanstore/, and https://www.youtube.com/@so.manofficial, and website / domain name https://somanstore.com/ as well as any other third party store/website.
vii. The Defendants, their partners, directors, group companies or sister concerns, associates, divisions, licensees, franchisees, agents, distributors and dealers are restrained from using, accessing, reproducing, soliciting, or misappropriating the Plaintiffs' proprietary Client Database or Customer Data, and/or from contacting, soliciting, or poaching the Plaintiffs' clients;
42. 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.
43. List before this Court on 17.12.2025.
IA No.21336/2025 (Appointment of Local Commissioner)
44. The present Application has been filed by the Plaintiffs under Order CS(COMM) 918/2025 Page 25 of 38 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 12/09/2025 at 22:22:23 XXVI Rule 9 read with Order XXXIX Rule 7 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. 21335/ 2025 under Order XXXIX Rule 1 & 2 of the CPC.
45. 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. A-95, 2nd Floor, Sector Mr. Fardeen Khan, Advocate 52, Noida, Uttar Mobile No. [+91 9717296704] Pradesh, India - 201301
46. The mandate of the Local Commissioner is as under:
i) The Local Commissioner shall visit the premises of the Defendants as per the above table, to inspect and seize the Infringing Garments, either in fully or semi-manufactured condition., clothing material, textile prints, catalogues, lookbooks, in-built pocket squares, up-turned cuffs with the print embellishments, infringing embroidery work, silhouettes, accents, linings, motifs and the Plaintiffs' Confidential Client database. The details of the Infringing Garments are reproduced hereunder:CS(COMM) 918/2025 Page 26 of 38
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 12/09/2025 at 22:22:23 Infringing Work and Trade Dress of the Defendants • A Tone on Tone look with Aari embroidery • The embroidery is a combination of floral and geometric motifs • The embroidery is placed in vertical lines on the garment.
• Fabric loop buttons on the front Placket • A V-neck open wide collar identical in construction to the Plaintiffs.
• Plain lining on the sleeve cuffs • A navy coloured kurta styled with white pants • The garment design is named 'Stripe Aari' • The collection is available in Navy & Powder Pink CS(COMM) 918/2025 Page 27 of 38 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 12/09/2025 at 22:22:23 • A Tone on Tone look with Dori embroidery • The embroidery is placed in vertical lines on garment.
• Front open short kurta shirt with buttons • A V-neck open wide collar • Plain lining on the sleeve cuffs • An off white kurta styled with white Pants • The garment design is part of a collection named 'Dori Front Open Kurta' • The collection has been launched in off-white.CS(COMM) 918/2025 Page 28 of 38
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 12/09/2025 at 22:22:23 • An unstructured shirt-jacket in cotton/Irish linen • Four patch pockets with flaps at the front of the garment with buttons • A waist tie in the same base fabric as the outfit • A piping of Ajrakh as an accent on the sleeves.CS(COMM) 918/2025 Page 29 of 38
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 12/09/2025 at 22:22:23 • Wide upturned cuffs with Ajrakh/Print linings • Ajrakh collars attached to the collar • Metallic Buttons • Collection designed in neutral Colours • The Defendants' have launched it under the name of 'The Shacket' and are manufacturing multiple iterations of this design.
• A self on self-tonal embroidery on chanderi silk • A short kurta with high side slits • A short mandarin collar with open v-neck and print lining.
• Upturned Cuffs with printed linings.
• Styled with white pants CS(COMM) 918/2025 Page 30 of 38 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 12/09/2025 at 22:22:23 • Collection has been launched in an ice grey • A tonal Nehru jacket of the same embroidery on the kurta • An open v-neck collar with a print lining • 5 metallic buttons on the front of the jacket • A built-in pocket square matching the cuffs and the inner lining • Two cut pockets on the front • Styled with white pants • Collection has been launched in an ice grey CS(COMM) 918/2025 Page 31 of 38 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 12/09/2025 at 22:22:23 • A self on self-2 tonal embroidery on chanderi silk • A short kurta with high side slits • A short mandarin collar with open v-neck and print lining.
• Upturned Cuffs with printed linings.
• Styled with white pants • Collection is launched in mustard amongst others CS(COMM) 918/2025 Page 32 of 38 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 12/09/2025 at 22:22:23 • A self on self-tonal embroidery on chanderi silk • A short mandarin collar with open v-neck and print lining.
• Upturned Cuffs with printed linings.
• Styled with white pants CS(COMM) 918/2025 Page 33 of 38 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 12/09/2025 at 22:22:23 • A dual tone embroidery on chanderi silk • A short kurta with high side slits • A short mandarin collar with open v-neck and print lining.
• Upturned Cuffs with printed linings.
• Styled with white pants In-built pocket squares, up-turned cuffs with the print embellishments, CS(COMM) 918/2025 Page 34 of 38 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 12/09/2025 at 22:22:23
ii) If knowledge is acquired of any other premises than the aforesaid premises, where the Infringing Garments could be stored, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well;CS(COMM) 918/2025 Page 35 of 38
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 12/09/2025 at 22:22:23
iii) The Local Commissioner shall also inspect and seize any product materials including pamphlets, brochures, stickers, packaging materials, dyes or blocks used for preparing the manufacturing materials, display boards, sign boards, advertising material, dies or blocks, unfinished, packed, unpacked Infringing Garments or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the Infringing Garments can take place;
iv) The Local Commissioner shall also obtain the details as to since when Infringing Garments are being dealt with by the Defendants and obtain copies of the accounts if the same is found to be sold in market;
v) The Local Commissioner shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records and any other books of record or commercial transactions kept at the premises of the Defendants and take photocopy and / or record of all such transactions that pertain to Infringing Garments if any. The Defendants shall cooperate and give passwords to the computers and the files containing the accounts, and the Plaintiffs' Confidential Client Database if the same is stored on the computer or a specific software;
vi) After preparation of the inventory, the Infringing Garments including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, banners, signage, cartons, clothing material, textile prints, catalogues, lookbooks, infringing in-built pocket squares, up-turned cuffs with the print embellishments infringing embroidery work, silhouettes, accents, CS(COMM) 918/2025 Page 36 of 38 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 12/09/2025 at 22:22:23 linings, motifs and other material and packaging bearing the Plaintiffs' Copyright, Trade Dress or Artistic Work shall be released to the Defendants on superdari. The monetary value of the stock shall also be ascertained;
vii) The Local Commissioner is also permitted to break open the locks, with police help, if access to the premises where the Infringing Garments have been stocked / manufactured, is denied to the Commissioner;
viii) Upon being requested, the concerned Station House Officer shall render necessary cooperation for execution of the Commission, as per this order;
ix) The Local Commissioner is permitted to take photographs and videography of the proceedings of the Commission, if it is deemed appropriate. Two representatives of the Plaintiffs, which would include a lawyer, are permitted to accompany the Local Commissioner;
x) The Local Commissioner, while executing the Commission, shall ensure that there is no disruption to the business of the Defendants, except for the purposes of the execution of the Commission. The Commission shall be executed in a peaceful manner.
47. A copy of this Order shall be provided to the Local Commissioner and the same will be served upon Defendant No. 1 by the Local Commissioner at the time of execution of the Commission.
48. The fees of the Local Commissioner is fixed at ₹1,50,000/- (Rupees One Lakh and Fifty Thousand only) excluding out of pocket expenses, CS(COMM) 918/2025 Page 37 of 38 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 12/09/2025 at 22:22:23 travel, lodging, etc. All the aforesaid expenses shall be borne by the Plaintiffs and paid in advance to the Local Commissioner named hereinabove.
49. The Commission shall be executed on 04.09.2025, and the report of the Local Commissioner shall be filed within a period of two weeks thereafter.
50. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commission.
51. 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.
52. List before this Court on 17.12.2025.
53. Order dasti under the signature of Court Master.
TEJAS KARIA, J AUGUST 29, 2025 'gsr' CS(COMM) 918/2025 Page 38 of 38 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 12/09/2025 at 22:22:23