Delhi High Court - Orders
Caterpillar Inc vs Zhejiang Lifeng Machinery Parts Co Ltd ... on 2 September, 2025
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 932/2025
CATERPILLAR INC .....Plaintiff
Through: Mr. Essensee Obhan, Ms. Anjuri
Saxena and Ms. Raceme Chhabra,
Advocates.
versus
ZHEJIANG LIFENG MACHINERY PARTS CO LTD AND
OTHERS .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 02.09.2025 I.A. 21681/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. No. 21680/2025 (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.
CS(COMM) 932/2025 Page 1 of 37This is a digitally signed order.
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5. The Application stands disposed of.
I.A. No. 21679/2025 (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 Defendants.
7. Mr. Essensee Obhan, 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 the Local Commissioners, the exemption from advance service to the Defendants is granted.
9. The Application is disposed of.
IA No. 21682/2025 (O-XI R-1(4) of the CPC)
10. 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.
11. 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.
12. Accordingly, the Application stands disposed of. CS (COMM) 932/2025
13. Let the Plaint be registered as a Suit.
14. Issue Summons. Let the Summons be served 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 CS(COMM) 932/2025 Page 2 of 37 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 19/09/2025 at 22:11:47 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 Affidavit(s) 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. No. 21677/2025 (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 present Suit has been filed, inter alia, seeking a permanent injunction restraining the Defendants from infringing the Plaintiff's Patents being Patent Nos. IN 331457, IN 319391, IN 353645 and IN 417987 ("Suit Patents"), the registered Designs of the Plaintiff being Design Nos. 235776 and 235777 ("Suit Designs"), and the Plaintiff's Trade Marks 'CAT', CS(COMM) 932/2025 Page 3 of 37 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 19/09/2025 at 22:11:47 'CATERPILLAR', ' ', ' ', ' ' and ' ' ("Plaintiff's Trade Marks").
22. The learned Counsel for the Plaintiff submitted that the Plaintiff, is world's leading manufacturer of construction and mining equipment, off- highway diesel and natural gas engines, industrial gas turbines and diesel electric locomotives with 100 years of experience in the industry. In 2024, Plaintiff's annual global sales and revenue amounted to 64.8 Billion US Dollars. The Plaintiff has more than 16,000 active Patents and Designs globally, including in India. In India, the Plaintiff has about 300 active Patents and Designs registered.
23. The learned Counsel for the Plaintiff submitted that the present Suit is concerned with fluid filter systems, which are used on equipment such as internal combustion engines, construction and mining machinery, etc. These filter systems are used to filter contaminants from fluids in fuel systems, lubrication oil systems, transmission fluid systems, engine air intake systems, and the like. The details of the Suit Patents, Suit Designs and Plaintiff's Trade Marks are reproduced hereunder:
CS(COMM) 932/2025 Page 4 of 37This 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 19/09/2025 at 22:11:47 SUIT PATENTS Sr. Patent No. Title Date of Date of No. Grant Expiry
1. IN 331457 Canister 06.02.2020 19.09.2028 Filter System With Drain That Cooperates With Filter Element
2. IN 319391 Fluid Filter 29.08.2019 18.11.2028 System
3. IN 353645 Filter 14.12.2020 28.09.2031 Element
4. IN 417987 Filter System 13.01.2023 30.09.2031 with Fuel Water Separator SUIT DESIGNS Sr. Design Title Date of Date of No. No. Grant Expiry
1. ` 235776 Fuel Filter 29.03.2011 01.10.2025
2. 235777 Fuel Filter 29.03.2011 01.10.2025 PLAINTIFF'S TRADE MARKS Sr. Trade Application Applicat Classe Status No. Mark Date ion No. s
1. 26.09.2007 2202906 1, 2, 4, Registere 6, 7, d 8, 11, 12, CS(COMM) 932/2025 Page 5 of 37 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 19/09/2025 at 22:11:47 16, 17, 19, 20
2. 27.08.2018 3926981 7, 9, Registere 12, d 18, 21, 25, 36, 37, 39, 40, 42, 44
3. 13.07.2007 1556916 99 Registere d
4. 23-08-2018 3924371 7, 12 Registere d
5. 19-11-2019 4352054 4, 9 Registere d
24. The learned Counsel for the Plaintiff submitted that the present suit is concerned with thirteen filter parts of the Plaintiff, out of which the six filter parts are covered by Plaintiff's Registered Patents and Designs, and seven filter parts carry the Plaintiff's Trade Marks:
Caterpillar Design
Sr. No. Patent No.
Filter Part No. No.
IN 319391
1. 322 - 3155 -
IN 331457
IN 319391
2. 360 - 8960 IN 353645 235777
IN 331457
IN 319391
3. 311 - 3901 235776
IN 353645
CS(COMM) 932/2025 Page 6 of 37
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 19/09/2025 at 22:11:47 IN 417987 IN 331457
4. 436 - 7077 IN 331457 -
IN 331457
5. 479-4131 -
IN 417987 IN 331457
6. 523-6602 -
IN 319391
Caterpillar Applicati
Sr. No. Trade Mark
Filter Part No. on No.
2202906
3924371
7. 1R-0750
1556916
2202906
8. 1R-0726
1556916
2202906
3924371
9. 1R-1807
1556916
CS(COMM) 932/2025 Page 7 of 37
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 19/09/2025 at 22:11:47 2202906 3924371
10. 1R-1808 1556916 2202906 3924371
11. 1R-0739 1556916 2202906
12. 1R-0756 1556916 2202906 3924371
13. 1R-0749 1556916 CS(COMM) 932/2025 Page 8 of 37 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 19/09/2025 at 22:11:47
25. The learned Counsel for the Plaintiff submitted that IN 331457 has been granted in 25 countries across the world. Patent IN 319391 and IN 353645, belonging to the same Patent family, have been granted in 20 countries. Further, IN 417987 has been granted in 18 countries across the world. The Suit Designs have also been granted in multiple jurisdictions.
26. The learned Counsel for the Plaintiff submitted that Defendant No. 1 is a company based in People's Republic of China. Defendant No. 1, produces and sells a wide range of products, including air filter, fuel filter, etc. Defendant No. 1 is also the registered proprietor of the Trade Mark " ", in Class 99, bearing Application No. 6123818. Defendant No. 2 is a proprietorship firm, based in Mumbai, India. Defendant No.2 is the authorised agent of Defendant No. 1's filters and has also sold fluid filters bearing the Plaintiff's Trade Marks, that constitute counterfeit products. Defendant No. 3 is a partnership firm, based in Mumbai, India. Defendant No. 3 sells fluid filters manufactured by Defendant No. 1, under their Mark " " as well as Defendant No. 3's own mark 'FINEFLOW', which is pending registration. Defendant No. 4 is a limited liability partnership based in Mumbai, India. Defendant No. 4 is a spare parts supplier offering wide range of fluid filters, including those manufactured by Defendant No. 1 and has also sold fluid filters bearing the Plaintiff's Trade Marks, that constitute counterfeit products. Defendant No. 5 is a proprietorship firm based in Pune, India and sells various types of fluid filters, including filters manufactured by Defendant No. 1.
27. The learned Counsel for the Plaintiff submitted that the Plaintiff, while conducting routine investigation came across Defendant No. 2, who CS(COMM) 932/2025 Page 9 of 37 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 19/09/2025 at 22:11:47 was offering a wide range of fluid filters. The Plaintiff, through its representative, reached out to Defendant No. 2 to place an order for six fluid filters corresponding to Caterpillar part nos. 322-3155, 311-3901, 360-8960, 436-7077, 500-480 and 1R-0750. However, Defendant No. 2 sold only three fluid filters, particularly part nos. 322-3155, 360-8960 and 1R-0750, vide invoice dated 14.10.2024. The Plaintiff, through its representative, again reached out to Defendant No. 2 to place an order for 6 parts (corresponding to Caterpillar Filters). However, Defendant No. 2, once again only sold 3 fluid filters namely, Part Nos. 1R-0726, 1R-1807 and 1R-1808, vide invoice dated 15.11.2024. Thereafter, the Plaintiff, through its representative, made multiple attempts to procure more fluid filters and was able to procure part nos. 479-4131, 1R-0739 and 1R-0756 vide invoice dated 25.11.2024, and part nos. 523-6602, 360-8960, 479-4131 and 1R-0750 vide invoice dated 14.07.2025.
28. The learned Counsel for the Plaintiff submitted that while assessing the range of fluid filters that infringed Suit Patents and Suit Designs, the Plaintiff came across Defendant No. 5 and through its representative, procured two fluid filters corresponding to Caterpillar part nos. 322-3155 and 360-8960, vide invoice dated 10.12.2024. Part no. 360-8960 carried the Mark 'FINEFLOW' and part no. 322-3155 carried the mark 'LEFONG', and both the parts were manufactured by Defendant No. 1.
29. The learned Counsel for the Plaintiff submitted that the Plaintiff, upon further research found that the Mark 'FINEFLOW' is a Trade Mark belonging to Defendant No. 3, which is pending registration. The Plaintiff, through its representative, procured five fluid filters corresponding to Caterpillar part nos. 322-3155, 436-7077, 360-8960, 500-0480 and 311- CS(COMM) 932/2025 Page 10 of 37 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 19/09/2025 at 22:11:47 3901 from Defendant No. 3 vide invoice dated 12.02.2025 and a few more fluid filters under the Mark 'FINEFLOW' vide invoice dated 10.07.2025.
30. The learned Counsel for the Plaintiff submitted that the Plaintiff also came across Defendant No. 4 and procured filters corresponding to Caterpillar part nos. 1R-0749 vide invoice dated 02.07.2025 and part nos. 360-8960, 523-6602, 479-4131 and 1R-0750, vide invoice dated 15.07.2025.
31. The details of the parts corresponding to the Caterpillar Part numbers, procured from Defendant Nos. 2 to 5, which are manufactured by Defendant No. 1, are as follows:
Sr. No. Caterpillar Part No. Infringing Part No.
1. FCO-2136 360-8960 FCT-8960
2. 479-4131 FCO-2179
3. 523-6602 FCO-2275
4. FJO-3203 322-3155 FCT-3155
5. 436-7077 FCO-2191
6. 311-3901 FCT/FC-3901
32. A brief tabulation of the infringing parts and details of their purchase is as below:
Caterpillar Defendant Date of
Purchased from
Part No. s' Part No. Purchase
322-3155 FCT-3155 12.02.2025 Defendant No. 3
CS(COMM) 932/2025 Page 11 of 37
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 19/09/2025 at 22:11:47 10.07.2025 FJO-3203 10.12.2024 Defendant No. 5 12.02.2025 311-3901 FCT-3901 Defendant No. 3 10.07.2025 10.12.2024 Defendant No. 5 FCT-8960 10.07.2025 Defendant No. 3 360-8960 14.10.2024 Defendant No. 2 FCO-2136 14.07.2025 15.07.2025 Defendant No. 4 12.02.2025 436-7077 FCO-2191 Defendant No. 3 10.07.2025 14.07.2025 Defendant No. 2 523-6602 FCO-2275 15.07.2025 Defendant No. 4 25.11.2024 Defendant No. 2 479-4131 FCO-2179 14.07.2025 15.07.2025 Defendant No. 4 Counterfeit Filters 14.10.2024 Defendant No. 2 1R-0750 - 14.07.2025 15.07.2025 Defendant No. 4 1R-1808 - 15.11.2024 Defendant No. 2 1R-1807 - 15.11.2024 Defendant No. 2 1R-0739 - 25.11.2024 Defendant No. 2 1R-0749 - 02.07.2025 Defendant No. 4 1R-0756 - 25.11.2024 Defendant No. 2 CS(COMM) 932/2025 Page 12 of 37 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 19/09/2025 at 22:11:47 1R-0726 - 15.11.2024 Defendant No. 2
33. The learned Counsel for the Plaintiff submitted that a detailed study of the filters procured by the Plaintiff, it was concluded that the filters purchased from Defendant Nos. 2, 3, 4 and 5, which are manufactured by Defendant No. 1 and sold under the brands 'LEFONG' and 'FINEFLOW', infringe Plaintiff's Registered Patents and Designs. A brief tabulation of all the Plaintiff's Patents and Designs being infringed by the Defendants' Infringing Parts is as follows:
Claim mapping/De Plaintiff sign Infringing 's Plaintiff's Plaintiff's Sr. No. mapping to Part No. Patent Design No. Part No. the No. infringing part FCT-3155 IN Patent IN 331457 331457
1. - 322-3155 IN Patent IN 319391 319391 FJO-3203 IN Patent IN
2. - 322-3155 331457 331457 CS(COMM) 932/2025 Page 13 of 37 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 19/09/2025 at 22:11:47 IN Patent IN 319391 319391 Patent IN IN 319391 319391 FCT-8960
3. 235777 360-8960 IN Patent IN 331457 331457 Patent IN 353645 IN 353645 Design No. 235777 FCO-2136 IN Patent IN 319391 319391 IN Patent IN 331457 331457 Patent IN
4. 235777 360-8960 353645 IN 353645 Design No. 235777 CS(COMM) 932/2025 Page 14 of 37 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 19/09/2025 at 22:11:47 IN Patent IN 331457 331457 FCT-3901 IN Patent IN 319391 319391
5. 235776 311-3901 IN Patent IN 353645 353645 Patent IN 417987 IN 417987 Design No. 235776 FCO-2191 IN Patent IN
6. 331457 - 436-7077 331457 CS(COMM) 932/2025 Page 15 of 37 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 19/09/2025 at 22:11:47 Patent IN 331457 IN 331457 FCO-2275
7. - 523-6602 IN Patent IN 319391 319391 FCO-2179 IN Patent IN 331457 331457
8. - 479-4131 IN Patent IN 319391 319391 CS(COMM) 932/2025 Page 16 of 37 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 19/09/2025 at 22:11:47
34. The learned Counsel for the Plaintiff submitted that apart from selling fluid filters that infringe the Suit Patents and Suit Designs, Defendant No. 2 and 4 are also selling Counterfeit Filters. The details of the Counterfeit Filters procured from Defendant Nos. 2 and 4 are as follows:
Sr. No. Defendant Nos. 2 Defendant No. 41. 1R-0750 1R-0750
2. - 1R-0749
3. 1R-1807 -
4. 1R-1808 -
5. 1R-0739 -
6. 1R-0756 -
7. 1R-0726 -
35. The learned Counsel for the Plaintiff submitted that the Plaintiff conducted a detailed study of the 1R parts received from Defendant Nos. 2 and 4, and the Plaintiff was shocked to note that such parts are a counterfeit of Plaintiff's 1R parts, and Defendant Nos. 2 and 4 have copied the Plaintiff's trade dress and packaging. A detailed comparison of the Counterfeit Filters, with the Plaintiff's genuine parts is as follows:
PART NO. 1R-0750 Plaintiff's Genuine Defendant No. Defendant No. Part No. 1R-0750 2's Counterfeit 4's Counterfeit Part No. 1R-0750 Part No. 1R-0750 CS(COMM) 932/2025 Page 17 of 37
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 19/09/2025 at 22:11:47 CS(COMM) 932/2025 Page 18 of 37 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 19/09/2025 at 22:11:47
-
-
PART NO. 1R-1807 CS(COMM) 932/2025 Page 19 of 37 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 19/09/2025 at 22:11:47 Plaintiff's Genuine Defendant No. Defendant No. Part No. 1R-1807 2's Counterfeit 4's Counterfeit Part No. 1R-1807 Part No. 1R-1807
-
-CS(COMM) 932/2025 Page 20 of 37
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 19/09/2025 at 22:11:47
-
-
PART NO. 1R-1808
Plaintiff's Genuine Defendant No. Defendant No.
Part No. 1R-1808 2's Counterfeit 4's Counterfeit
Part No. 1R-1808 Part No. 1R-
1808
CS(COMM) 932/2025 Page 21 of 37
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 19/09/2025 at 22:11:47
-
-
-CS(COMM) 932/2025 Page 22 of 37
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 19/09/2025 at 22:11:47
-
- -
- -
CS(COMM) 932/2025 Page 23 of 37
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 19/09/2025 at 22:11:47 PART NO. 1R-0739 Plaintiff's Genuine Defendant No. Defendant No. Part No. 1R-0739 2's Counterfeit 4's Counterfeit Part No. 1R-0739 Part No. 1R-0739
-
-CS(COMM) 932/2025 Page 24 of 37
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 19/09/2025 at 22:11:47
-
PART NO. 1R-0749
Plaintiff's Genuine Defendant No. Defendant No.
Part No. 1R-0749 2's Counterfeit 4's Counterfeit
Part No. 1R-0749 Part No. 1R-
0749
-
CS(COMM) 932/2025 Page 25 of 37
This is a digitally signed order.
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-
-
PART NO. 1R-0756
Plaintiff's Genuine Defendant No. Defendant No.
Part No. 1R-0756 2's Counterfeit 4's Counterfeit
Part No. 1R-0756 Part No. 1R-
0756
CS(COMM) 932/2025 Page 26 of 37
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 19/09/2025 at 22:11:47
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-
-CS(COMM) 932/2025 Page 27 of 37
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 19/09/2025 at 22:11:47
-
-
PART NO. 1R-0726
Plaintiff's Genuine Defendant No. Defendant No.
Part No. 1R-0726 2's Counterfeit 4's Counterfeit
Part No. 1R-0726 Part No. 1R-
0726
-
CS(COMM) 932/2025 Page 28 of 37
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 19/09/2025 at 22:11:47
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-
-
-
36. The learned Counsel for the Plaintiff submitted that it is evident that Defendant Nos. 2 and 4, have copied the Plaintiff's Trade Marks, the relevant filter part number, the placement of numerous elements such as CS(COMM) 932/2025 Page 29 of 37 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 19/09/2025 at 22:11:47 "Fuel Filter", description such as "Advanced High Efficiency" and many more elements, to come as close as possible to Plaintiff's genuine parts. The dishonesty of the Defendant Nos. 2 and 4 is evident from the fact that they are affixing a QR code on the Counterfeit Filters, which upon scanning leads to the Plaintiff's website, thus, giving an impression to the public that these parts are authentic / genuine Caterpillar Filters.
37. The learned Counsel for the Plaintiff submitted that Defendant No. 2 and Defendant No. 4 on their IndiaMart page have listed Caterpillar Filters, thus, creating an impression that these are genuine parts. Defendant No.2 on its IndiaMart page also claims to be a manufacturer of the Caterpillar Filters.
38. The learned Counsel for the Plaintiff submitted that an average consumer with imperfect recollection is bound to be confused between the Caterpillar Filters and the Counterfeit Filters, which is likely to cause great hardship and prejudice to the Plaintiff as the consumers will mistakenly trust Defendant Nos. 2 and 4's products, believing them to be associated with and originating from the Plaintiff.
39. Having considered the submissions advanced by the learned Counsel for the Plaintiff, the pleadings and the documents on record, a prima facie case has been made out on behalf of the Plaintiff for grant of an ex-parte ad- interim injunction. Balance of convenience is in favour of the Plaintiff and against the Defendants. Irreparable injury would be caused to the Plaintiff if an ex-parte ad-interim injunction is not granted.
40. 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, dealers and all other persons acting for or on their behalf, CS(COMM) 932/2025 Page 30 of 37 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 19/09/2025 at 22:11:47 are restrained from manufacturing, marketing, distributing, exporting from India, offering for export from India, selling, importing into India, offering for sale, or advertising directly or indirectly in India, any Parts which infringe the Suit Patents, being, IN 331457, IN 319391, IN 353645 and IN 417987 and the Suit Designs, being, Design Nos. 235776 and 235777, including but not limited to the Infringing Parts, being, Part Nos. FJO-3203, FCT-3155, FCT-8960, FCT/FC-3901, FCO-2136, FCO-2191, FCO-2179 and FCO-2275. ii. Defendant Nos. 2 and 4, their agents, sister concerns, partners, stockists, distributors, dealers, representatives and all other persons acting for or on their behalf, as the case may be, are restrained from manufacturing, marketing, distributing, exporting from India, offering for export from India, selling, importing into India, offering for sale, or advertising directly or indirectly in India, parts that infringe Plaintiff's registered Trade Marks 'CAT', 'CATERPILLAR', ' ', ' ', ' ' and ' '.
41. 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.
42. List before this Court on 15.12.2025. I.A. No. 21678/2025 (for Appointment of Local Commissioners)
43. The present Application has been filed by the Plaintiff under Order XXVI Rules 9 and 10 read with Order XXXIX Rule 7 of the CPC, seeking CS(COMM) 932/2025 Page 31 of 37 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 19/09/2025 at 22:11:47 appointment of 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. 21677/2025 under Order XXXIX Rule 1 & 2 of the CPC.
44. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint Local Commissioners to visit the Defendants' premises at the following addresses:
Sr. No. Particulars Name of the Local Commissioners
1. Defendant No. 2: Mr. Vishal Navale, Advocate
(i) Shop No. 27/A, Mobile No. [+91 8879159906] Ground Floor, Majestic Shopping Centre, 114, Girgaum Road, Near Girgaum Church, Mumbai -400004.
(ii) 241/243, 25-C,
Maharaja Building,
Opera House, Mumbai -
400004.
CS(COMM) 932/2025 Page 32 of 37
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2. Defendant No. 2: Ms. Nivriti Seth, Advocate.
Silver Springs, B Wing, Mobile No. [+91 9811083421] Gala No. 112/113/114, Plot No. 6, Taloja MIDC, Opposite Dena Bank, Taloja, Navi Mumbai - 410208.
3. Defendant No. 3 Ms. Suvarna Ganu, Advocate
(i) 161, Khotachi Wadi Mobile No. [+91 9810864006] Corner, Opposite Golden Wheel Hotel, Girgaum Road, Mumbai
- 400004.
(ii) Basement, Plot No.
- 144, Godown - 18,
Majestic Shopping
Centre, Centre Charni
Road, Jagannath
Shankarsheth Marg,
Girgaon, Ambewadi,
Mumbai, Maharashtra -
400004
CS(COMM) 932/2025 Page 33 of 37
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4. Defendant No. 4: Mr. Anandh K, Advocate Shop No. B, Building Mobile No. [+91 9718345466] No. 2/B, Pragati Mandal, SRA CHS, Golibar Road, Santacruz (East), Mumbai -
400055
45. The mandate of the learned Local Commissioners is as under:
i) The learned Local Commissioners shall visit the premises of the Defendant Nos. 2, 3 and 4, as per the above table, to inspect and seize any Parts which infringe the Suit Patents, being, IN 331457, IN 319391, IN 353645 and IN 417987 and the Suit Designs, being, Design Nos. 235776 and 235777, including but not limited to the Infringing Parts, being, Part Nos. FJO-3203, FCT-3155, FCT-8960, FCT/FC-3901, FCO-2136, FCO-2191, FCO-2179 and FCO-2275, and / or any Infringing Product bearing the Plaintiff's Trade Marks, in either fully or semi-manufactured condition.
ii) If knowledge is acquired of any other premises than the aforesaid premises, where the Infringing Parts and / or Infringing Products 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) 932/2025 Page 34 of 37
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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 Parts and / or Infringing Products or any other documents, wrapper etc., so that it can be ensured that no fresh manufacturing of the Infringing Parts and / or Infringing Products can take place;
iv) The Local Commissioner shall also obtain the details as to since when Infringing Parts and / or Infringing Products are being sold by the Defendant Nos. 2, 3 and 4, as the case may be, 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 Defendant Nos. 2, 3 and 4, as the case may be, and take photocopy and / or record of all such transactions that pertain to the Infringing Parts and / or Infringing Products, if any. Defendants Nos. 2, 3 and 4 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 Parts and / or Infringing Products, packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, banners, signage, cartons and other material shall be released to the Defendants CS(COMM) 932/2025 Page 35 of 37 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 19/09/2025 at 22:11:47 No.2, 3 and 4, as the case may be, 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 Parts and / or Infringing Products has been stocked / manufactured, is denied to the Commissioner;
viii) Upon being requested, the concerned Station House Officer shall render necessary cooperation for the execution of the Commission, as per this Order;
ix) The learned Local Commissioners are permitted to take photographs and videograph 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 learned Local Commissioners;
x) The learned Local Commissioners, while executing the Commission, shall ensure that there is no disruption to the business of the Defendant Nos. 2, 3 and 4, except for the purposes of the execution of the Commission. The Commission shall be executed in a peaceful manner.
46. A copy of this Order be provided to the learned Local Commissioners and the same will be served upon the Defendant Nos. 2, 3 and 4 by the learned Local Commissioners at the time of execution of the Commission.
47. The fees of the learned Local Commissioners is fixed at ₹2,00,000/- (Rupees Two Lakhs only) each excluding out of pocket expenses, travel, lodging etc. All the aforesaid expenses shall be borne by the Plaintiff and CS(COMM) 932/2025 Page 36 of 37 This is a digitally signed order.
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48. The Commissions shall be executed on 12.09.2025, and the report of the learned Local Commissioners shall be filed within a period of two weeks thereafter.
49. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commissions.
50. 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.
51. List before this Court on 15.12.2025.
52. Order dasti under the signature of the Court Master.
TEJAS KARIA, J SEPTEMBER 2, 2025 ap CS(COMM) 932/2025 Page 37 of 37 This is a digitally signed order.
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