Delhi High Court - Orders
Sotkon Sp Slu vs Western Imaginary Transcon Pvt. Ltd. & ... on 3 February, 2026
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 484/2021, I.A. 13004/2021, I.A. 16455/2021 & I.A.
4234/2023
SOTKON SP SLU .....Plaintiff
Through: Ms. Tanya Verma and Ms. Devyani
Nath, Advocates.
versus
WESTERN IMAGINARY TRANSCON PVT. LTD. & ORS.
.....Defendants
Through: Mr. Anshul Goel and Mr. Ranjeev
Kumar, Advocates for D-1 to 3.
Mr. Pradhuman Gohil, Ms. Ranu
Purohit and Ms. Niharika Singh,
Advocates for D-4.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 03.02.2026 I.A. 16453/2021 (U/O XXXIX Rule 2A)
1. The brief submissions were made by Ms. Tanya Verma and Mr. Anshul Goel in respect of the I.A. 16453/2021, filed on behalf of the plaintiff under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908.
2. Ms. Ranu Purohit, has put in appearance on behalf of the defendant no.4 i.e. the Gandhinagar Municipal Corporation.
3. After the arguments have been heard, it is deemed appropriate to direct the defendant no.4, the Gandhinagar Municipal Corporation to place on record an affidavit giving details as to when the Notice Inviting Tender was issued, as to what was the date of submission of technical bids, the date of the consideration of the said technical bids, the date of submission of financial bids CS(COMM) 484/2021 Page 1 of 3 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 05/02/2026 at 20:36:03 and the date of finalization of the tender process.
4. The affidavit should also disclose the list of successful bidders at the technical bid stage as also the financial bid stage. The affidavit shall also disclose as to when the award of contract was issued to the defendant no.3 and the schedule of the tender completion. The affidavit shall also indicate the date when the works were commenced by the defendant no.3, the stage of construction as on 05.10.2021 and lastly, the date as to when the works were completed.
5. All the necessary documents shall also be annexed to the said affidavit. The Corporation may also append the Work Completion Certificate, if any, issued to the defendant no.3.
6. At request, four weeks' time is granted to defendant no.4 to place on record the aforesaid affidavit, copies whereof shall be furnished in advance to the counsel for the plaintiff as also counsel for the defendant no.3 CS(COMM) 484/2021
7. After having perused the pleadings and having heard the learned counsel for the parties, the following issues were framed:
a) Whether the defendant nos.1 to 3 have infringed the Plaintiff's registered patent no.IN329620? OPP
b) Whether the plaintiff's registered patent no. IN329620 is invalid and liable be revoked? OPD
c) Whether the defendant nos.1 to 3 have infringed the plaintiff's copyright in brochure and technical specification? OPP
d) Whether this Hon'ble Court has territorial jurisdiction to try and decide the present suit? OPD
e) Whether there is delay and laches in filing the present suit? If so its effect? OPD
f) Whether the plaintiff is entitled for rendition of account and CS(COMM) 484/2021 Page 2 of 3 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 05/02/2026 at 20:36:03 damages from the defendant no. 1 to 3? If so, to what amount? OPP
g) Whether the plaintiff is entitled to seek exemplary and/or punitive damages owing to the defendant's acts of contempt? OPP
h) Relief, if any.
8. No other issue arises or is pressed for.
9. Parties are directed to file their list of witnesses within 15 days from date. The plaintiff shall file the evidence by way of an affidavit of all its witnesses within eight weeks from date with an advance copy to the counsel for the defendant nos.1 to 3.
10. List before the Joint Registrar for further proceedings on 09.04.2026.
11. List before the Court on 03.08.2026.
TUSHAR RAO GEDELA, J FEBRUARY 3, 2026 yrj CS(COMM) 484/2021 Page 3 of 3 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 05/02/2026 at 20:36:03