Delhi High Court - Orders
Caterpillar Inc vs Zhejiang Santian Oil Filter Co. Ltd. & ... on 19 August, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 852/2025 & I.A. 20107-20112/2025
CATERPILLAR INC. .....Plaintiff
Through: Mr. Essenese Obhan, Ms. Anjuri
Saxena, Ms. Raceme Chhabra, Advs.
versus
ZHEJIANG SANTIAN OIL FILTER CO.
LTD. & ORS. .....Defendants
Through: None
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 19.08.2025 I.A. 20112/2025 (seeking leave to file additional documents)
1. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ('CPC') [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ('Commercial Courts Act')] read with Section 151 CPC.
2. The Plaintiff, if it wishes to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ('DHC Rules').
3. With the aforesaid directions, the same is allowed.
4. Accordingly, the application is disposed of. I.A. 20111/2025 (seeking exemption from filing original/certified, dim/clearer copies)
5. This application under Section 151 of the CPC has been filed by the Plaintiff seeking exemption from filing original/certified, clearer/dim/typed CS(COMM) 852/2025 Page 1 of 21 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 21:48:21 copies of documents mentioned at paragraph 3 of this application.
6. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the DHC Rules, 2018.
7. The typed and/or fair copies of the illegible documents be filed within two (2) weeks.
8. Accordingly, the application stands disposed of. I.A. 20110/2025 (seeking exemption from instituting pre-litigation mediation)
9. This is an application under Section 12A of the Commercial Courts Act read with Section 151 CPC, filed by the Plaintiff seeking exemption from instituting pre-litigation mediation.
10. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiff.
11. Accordingly, the application stands disposed of. I.A. 20109/2025 (seeking exemption from advance service)
12. This is an application filed on behalf of the Plaintiff under Section 151 CPC seeking dispensing with the requirement of advance service of paper book on the Defendants.
13. In view of the fact that the Plaintiff has sought an ex-parte ad-interim injunction along with the appointment of a Local Commissioner(s), the exemption from effecting advance service upon the Defendants in granted.
14. Accordingly, the application stands disposed of.
1(2024) 5 SCC 815 CS(COMM) 852/2025 Page 2 of 21 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 21:48:21 CS(COMM) 852/2025
15. The present suit has been filed by the Plaintiff seeking a decree of permanent injunction restraining the infringement of Indian Patent Nos. IN 331457, IN 319391, IN 353645, IN 417987 and IN 452838 and Indian Design Nos. 235775, 235776, and 235777, unfair competition, damages etc.
16. Let the plaint be registered as a suit.
17. Summons be issued to Defendants by all permissible modes on filing of process fee. Affidavit of service(s) be filed within two (2) weeks.
18. The summons shall indicate that the written statement(s) must be filed within thirty (30) days from the date of receipt of the summons. The Defendants shall also file affidavit(s) of admission/denial of the documents filed by the Plaintiff, failing which the written statement(s) shall not be taken on record.
19. The Plaintiff is at liberty to file replication(s) thereto within thirty (30) days after filing of the written statement(s). The replication(s) shall be accompanied by affidavit(s) of admission/denial in respect of the documents filed by Defendants, failing which the replication(s) shall not be taken on record.
20. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
21. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
22. List before the learned Joint Registrar (J) on 24.09.2025.
23. List before the Court on 13.02.2026.
I.A. 20107/2025 (seeking ex-parte ad-interim injunction)
24. This is an application filed by the Plaintiff under Order XXXIX Rules CS(COMM) 852/2025 Page 3 of 21 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 21:48:21 1 & 2 CPC seeking ex-parte ad-interim injunction against the Defendants restraining them from infringing Plaintiff's registered patents and registered designs.
25. It is averred in the plaint that the Plaintiff, Caterpillar Inc., 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.
26. The Plaintiff has more than 16,000 active patents and designs globally, including India. In India, the Plaintiff has about 300 active patents and designs registered.
27. 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.
28. The present suit is concerned with the following patents and designs:
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 CS(COMM) 852/2025 Page 4 of 21 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 21:48:21 Element
4. IN 417987 Filter System 13.01.2023 30.09.2031 with Fuel Water Separator
5. IN 452838 Filter 20.09.2023 18.01.2037 Element and Filter System SUIT DESIGNS Sr. Design Title Date of Date of No. No. Grant Expiry
1. 235775 Filter 29.03.2011 01.10.2025
2. ` 235776 Fuel Filter 29.03.2011 01.10.2025
3. 235777 Fuel Filter 29.03.2011 01.10.2025
29. It is stated that the Plaintiff is the patentee of the Indian Patent IN 331457 and IN 452838 and co-patentee of the Indian Patents IN 353645, IN 319391 and IN 417987. The Plaintiff is one of the registrants of Indian Design Nos. 235775, 235776, 235777.
30. The present suit is concerned with ten filter parts of the Plaintiff, which are covered by the Plaintiff's registered Patents and Designs:
CS(COMM) 852/2025 Page 5 of 21This 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 21:48:21 Caterpillar Sr. No. Patent No. Design No. Filter Part No. IN 319391
1. 322 - 3155 235775 IN 331457 IN 319391
2. 360 - 8960 IN 353645 235777 IN 331457 IN 319391
3. 311 - 3901 IN 353645 235776 IN 417987 IN 331457
4. 436 - 7077 IN 331457 -
IN 331457
5. 500 - 0480 -
IN 319391 IN 331457
6. 509-5694 -
IN 319391 IN 331457
7. 523-6602 -
IN 319391 IN 331457
8. 523-6604 -
IN 319391
9. 569-8036 IN 452838 -
IN 331457
10. 479-4131 IN 417987 -
31. It is stated in the plaint that IN 331457 has been granted in twenty- five countries (25) across the world. Patent IN 319391 and IN 353645, belonging to the same patent family, have been granted in twenty (20) countries. The patent family of IN 417987 has been granted in eighteen (18) countries across the world. The patent IN 452838 has been granted in nineteen (19) countries across the world. Details of these grants are provided in document nos. 21 to 24 filed by the Plaintiff along with the plaint.
32. The Suit Designs have also been granted in multiple jurisdictions, CS(COMM) 852/2025 Page 6 of 21 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 21:48:21 details of which are provided in document no. 25 filed by the Plaintiff along with the plaint.
33. It is stated in the plaint, at paragraph 22, that the value of the parts sold under the suit patents IN 331457, IN 319391, and IN 353645 is pleaded as follows:
34. The Defendant No. 1, Zhejiang Santian Oil Filter Co. Ltd. is an enterprise based in the People's Republic of China. Defendant No. 1 is the registered proprietor of the trademark ' ' in India, under the application no. 1612345 in Class 7.
35. Defendant No. 2 i.e. Filter Max Impex Private Limited, a company incorporated in India, is an authorized distributor/agent of Defendant No. 1's filters in India. Defendant No. 3 i.e. Trades International is a partnership firm is also the authorized distributor/agent of Defendant No. 1's filters in India. Defendant No. 4 i.e. Saini Diesal Power Service Private Limited is a company incorporated in India and is a large reseller of Defendant No. 1's filters in India.
CS(COMM) 852/2025 Page 7 of 21This 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 21:48:21
36. It is stated that Defendant No. 1 is the manufacturer of infringing product and Defendant Nos. 2 to 4 are the sellers of the said infringing product in India.
37. Learned counsel for the Plaintiff submits that the Plaintiff discovered fuel/oil filters branded as 'STAL' that appeared similar to genuine Caterpillar filters during an online investigation. Further investigation revealed that Defendant No. 1 distributes STAL filters globally, including in India, through authorized agents i.e., Defendant No. 2 and Defendant No. 3. The Plaintiff, through a representative, then successfully procured ten different types of filters that corresponded to Caterpillar part/product number from Defendants 2 and 3, in addition to five filters from another reseller, Defendant No. 4.
38. He states that Plaintiff has assigned a specific part/product number for each of its filters and Defendant No. 1 uses the identical part/product number for the infringing products.
39. He refers to brief tabulation of all the Plaintiff's Patents and Designs being infringed by the Defendants' infringing products is as follows:
Claim mapping/D esign Plaint mapping to Sr. Defendant's Plaintiff's Plaintiff's iff's the No. Infringing Part No. Patent No. Design No. Part infringing No. part as provided in the plaint CS(COMM) 852/2025 Page 8 of 21 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 21:48:21 ST20168 Patent IN 331457:
436- Para No.
1. IN 331457 - 106 @ Page
7077
no. 143
Patent IN
331457:
ST20129 Para No.
106 @ Page
2. IN 331457 no. 146
500-
-
0480
Patent IN
319391:
Para No.
IN 319391 109 @ Page
no. 180
CS(COMM) 852/2025 Page 9 of 21
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 21:48:21 Patent IN 331457:
Para No. ST20222 106 @ Page IN 331457 no. 149 523-
3. -6602
Patent IN 319391:
Para No. IN 319391 109 @ Page no. 183 Patent IN ST20224 331457:
4. IN 331457 Para No. 106 @ Page no. 152 523-
-
6604Patent IN 319391:
IN 319391 Para No.
109 @ Page
no. 187
CS(COMM) 852/2025 Page 10 of 21
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 21:48:21 Patent IN 331457:
Para No. ST20097 106 @ Page IN 331457 no. 155 509-
5. -5694
Patent IN 319391:
Para No. IN 319391 109 @ Page no. 190 ST 20066 Patent IN 331457:
6. IN 331457 Para No. 106 @ Page no. 158 479-
-
4131Patent IN 417987:
IN 417987 Para no.
115 @ Page
no. 207
CS(COMM) 852/2025 Page 11 of 21
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 21:48:21 Patent IN 331457:
Para No. ST10019 106 @ Page no. 161 IN 331457 Patent IN 319391:
322- Para No.
7. 235775
3155 109 @ Page
no. 169
IN 319391
Design
235775:
Para no.
119 @Page
no. 215.
Patent IN
331457:
Para No.
IN 331457 106 @ Page
ST20016 no. 163
IN 319391
Patent IN
360- 319391:
8. 235777
8960 Para No.
109 @ Page
no. 172
IN 353645
Patent IN
353645:
Para
No.112 @
CS(COMM) 852/2025 Page 12 of 21
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 21:48:21 Page no.194
Design 235777:
Para no. 121 @Page no. 226.
Patent IN 331457:
Para No. IN 331457 106 @ Page no. 166 ST20051 Patent IN 319391:
IN 319391 Para No.
109 @ Page
no. 176
311-
9. 235776
3901
Patent IN
353645:
IN 353645
Para
No.112 @
Page no.
198
IN 417987
Patent IN
417987:
Para no.
115 @ Page
CS(COMM) 852/2025 Page 13 of 21
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 21:48:21 no. 203 Design 235776:
Para no. 120 @Page no. 220.
ST10113 Patent IN 452838:
569-
10. IN 452838 - Para No. 8036 117 @ Page no. 210
40. He has drawn the attention of the Court to the documents filed with the plaint (document nos. 36, 40, and 44), to demonstrate that the listing of the Defendants' products on the INDIAMART website states that the Defendants products are a substitute to the products of the Plaintiff's.
41. He has also drawn the attention of the Court to the documents filed with the plaint (document nos. 46, 47 and 48) containing the sales invoices of third-party sellers of Defendant No. 1's products bearing the same 'part/product numbers' as used by the Plaintiff's in respect of their products. It is submitted that these infringing products have been procured by these third-party sellers from the Defendants.
42. He has handed over, for the inspection of this Court, packaging of an CS(COMM) 852/2025 Page 14 of 21 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 21:48:21 oil filter bearing mark of Defendant No. 1 for part number ST10113 which bears production code 569-8036. The infringing filter in the packaging bear no. 569-8036. He states that this number 569-8036 corresponds to Plaintiff's part number.
43. He also refers to the order dated 06.11.2024 passed by the coordinate bench in CS(COMM)982/2024 where, similarly, ad-interim injunction was granted in favour of the Plaintiff for infringement of patents and design by the defendant therein. He clarifies that IN 452838 was not a subject matter of the abovementioned suit, however the remaining patents were also a subject matter is the said suit.
44. The Court has heard the learned counsel for the Plaintiff and has perused the plaint and documents on record.
45. Based on the averments made in the plaint inter alia, detailed claim mapping which maps claims of each suit patents to the products of Defendants, and the arguments advanced by the learned counsel for the Plaintiff, a prima facie case of patent as well as design infringement has been made out on behalf of the Plaintiff. Balance of convenience is in favor of granting an interim injunction in favor of the Plaintiff.
46. The Plaintiff has suffered and will continue to suffer irreparable loss and injury, unless the Defendants are restrained by an ex-parte ad-interim injunction. Irreparable loss and injury will also be caused to the unsuspecting buyers, as the Defendants seem to be selling the aforesaid spare parts, claiming to be the genuine spare parts, which bear the corresponding product number of the Plaintiff.
47. Consequently, till the next date of hearing, an ex-parte ad-interim injunction is passed in terms of prayer clauses (a) to (h) against Defendant CS(COMM) 852/2025 Page 15 of 21 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 21:48:21 Nos. 2, 3 and 4, which are set out below:
(a) For an ad-interim temporary injunction restraining the Defendants, but not limited to Defendants' agents, sister concerns, servants, partners, stockists, distributors, dealers, representatives and all other persons on behalf of the Defendants as the case may be from manufacturing, marketing, distributing, exporting, offering for export, selling, importing, offering for sale, or advertising directly or indirectly in India or overseas, the parts which infringes Plaintiff's registered patent 331457, including but not limited to the Defendants' Part Nos. ST10019, ST20016, ST20051, ST20168, ST20129, ST20097, ST20222, ST20066 and ST20224.
(b) For an ad-interim temporary injunction restraining the Defendants, including but not limited to Defendants' agents, sister concerns, servants, partners, stockists, distributors, dealers, representatives and all other persons on behalf of the Defendants as the case may be from manufacturing, marketing, distributing, exporting, offering for export, selling, importing, offering for sale, or advertising directly or indirectly in India or overseas the parts which infringes Plaintiff's registered patent 319391, including but not limited to the Defendants' Part Nos. ST10019, ST20016, ST20051, ST20129, ST20097, ST20222, and ST20224.
(c) For an ad-interim temporary injunction restraining the Defendants, including but not limited to Defendants' agents, sister concerns, servants, partners, stockists, distributors, dealers, representatives and all other persons on behalf of the Defendants as the case may be from manufacturing, marketing, distributing, exporting, offering for export, selling, importing, offering for sale, or advertising directly or indirectly in India or overseas the parts which infringes Plaintiff's registered patent 353645, including but not limited to the Defendants' Part Nos. ST20016 and ST20051.
(d) For an ad-interim temporary injunction restraining the Defendants, including but not limited to Defendants' agents, sister concerns, servants, partners, stockists, distributors, dealers, representatives and all other persons on behalf of the Defendants as the case may be from manufacturing, marketing, distributing, exporting, offering for export, selling, importing, offering for sale, or advertising directly or indirectly in India or overseas the CS(COMM) 852/2025 Page 16 of 21 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 21:48:21 parts which infringes Plaintiff's registered patent 417987, including but not limited to the Defendants' Part Nos. ST20051 and ST20066.
(e) For an ad-interim temporary injunction restraining the Defendants, including but not limited to Defendants' agents, sister concerns, servants, partners, stockists, distributors, dealers, representatives and all other persons on behalf of the Defendants as the case may be from manufacturing, marketing, distributing, exporting, offering for export, selling, importing, offering for sale, or advertising directly or indirectly in India or overseas the parts which infringes Plaintiff's registered patent 452838 including but not limited to the Defendants' Part No. ST10113.
(f) For an ad-interim temporary injunction restraining the Defendants, including but not limited to Defendants' agents, sister concerns, servants, partners, stockists, distributors, dealers, representatives and all other persons on behalf of the Defendants as the case may be from manufacturing, marketing, distributing, exporting, offering for export, selling, importing, offering for sale, or advertising directly or indirectly in India or overseas the parts which infringes or amount to piracy of Plaintiff's registered design 235775, including but not limited to the Defendants' Part No. ST10019.
(g) For an ad-interim temporary injunction restraining the Defendants, including but not limited to Defendants' agents, sister concerns, servants, partners, stockists, distributors, dealers, representatives and all other persons on behalf of the Defendants as the case may be from manufacturing, marketing, distributing, exporting, offering for export, selling, importing, offering for sale, or advertising directly or indirectly in India or overseas the parts which infringes or amount to piracy of Plaintiff's registered design 235776, including but not limited to the Defendants' Part No. ST20016.
(h) For an ad-interim temporary injunction restraining the Defendants, including but not limited to Defendants' agents, sister concerns, servants, partners, stockists, distributors, dealers, representatives and all other persons on behalf of the Defendants as the case may be from manufacturing, marketing, distributing, exporting, offering for export, selling, importing, offering for sale, or advertising directly or indirectly in India or overseas the CS(COMM) 852/2025 Page 17 of 21 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 21:48:21 parts which infringes or amount to piracy of Plaintiff's registered design 235777, including but not limited to the Defendants' Part No. ST20051.
48. With respect to Defendant No. 1, the said Defendant, its agents, affiliates, servants, partners, stockists, distributors, dealers, representatives and all other persons on behalf of the Defendant No. 1 are hereby restrained, till the next date of hearing, from manufacturing, marketing, distributing, exporting, offering for export, selling, importing, offering for sale, or advertising, directly or indirectly, in India, any infringing products as set forth in paragraph 39 of this order as well as in paragraph nos. 106, 109, 112, 115, 117, 119, 120, and 121 of the plaint in accordance with prayer clauses 106 (a) to 106 (h), mentioned in the captioned application, within the territory of India.
49. List before the learned Joint Registrar (J) on 24.09.2025.
50. List before the Court on 13.02.2026.
I.A. 20108/2025 (seeking appointment of Local Commissioner)
51. This is an application filed on behalf of the plaintiff under Order XXVI Rules 9 and 10 read with Order XXXIX Rule 7 read with Section 151 of CPC seeking appointment of Local Commissioner(s) to visit the premises of the Defendants, make an inventory of all the infringing goods and effect seizure of the same.
52. In view of the ad-interim ex-parte injunction being granted in I.A. No. 20107/2025, the Plaintiff has made out a case for appointment of a Local Commissioners so as to avoid rendering the suit infructuous by destruction or illegal dissemination of the infringing products. As such this Court appoints the following Local Commissioner to visit the Defendants' various premises as mentioned in the present application at paragraph 18:
Sr. No. Location of the Defendant Local Commissioner CS(COMM) 852/2025 Page 18 of 21 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 21:48:21
1. Defendant No. 2: Teena Srivastava, Advocate Shop No. 2, Ground Floor, Building No. 3435 Mobile No. - 9560552703 Firestone Motor Market, Nicholson Road, Kashmere Gate, Delhi-110006
2. Defendant No. 3: Tarang Gupta, Advocate Mobile No.- 7838983455 Basement No. 8 and 10, Majestic Shopping Centre, 144 Girgaon Road, Mumbai- 400004
3. Defendant No. 4: Chirag Kakkar Mobile No.- 9650570871 Plot No. 991, Road No. 87, GIDC, Sachin, Surat, Gujarat-394230
53. The mandate of the Local Commissioners is as under:
i. The Local Commissioners, along with a representative of the Plaintiff and its counsel, shall be permitted to enter upon the premises of the Defendants mentioned above, in order to conduct the search and seizure.
ii. The Local Commissioners are permitted to seize the infringing products at the above premises and if knowledge is acquired of any other premises where the goods could be stored, the Local Commissioners are free to record the same and then visit the other premises and conduct a seizure there as well. iii. The Local Commissioners shall also inspect and seize any goods/materials including packaging/promotional materials, unfinished, packed, unpacked infringing goods or any other documents, etc. reflecting infringement, so that it can be ensured that no fresh manufacturing of the infringing products can take place.CS(COMM) 852/2025 Page 19 of 21
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 21:48:21 iv. The Local Commissioners shall seize two samples each of the infringing products found at the premises of the Defendants which shall thereafter be filed by the Local Commissioners before the Court. v. The Local Commissioners shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records and any other books of record or commercial transactions kept at the premises of the Defendants and take photocopy and/or record of all such transactions that pertain to infringing products, if any. The Defendants shall cooperate and give passwords to the computers and the files containing the accounts, if the same is stored on the computer or a specific software. vi. After preparation of the inventory, the infringing goods shall be released to the Defendants on Superdari. The monetary value of the stock shall also be ascertained. vii. The Local Commissioners are also permitted to break open the locks, with the help of the local police, if access to the premises where the infringing products have been stocked/manufactured, is denied to the Commissioners.
viii. Upon being requested, the concerned, the Commissioner of Police/Superintendent of Police of Girgaon Road, Mumbai and Commissioner of Police/Superintendent of Police of GIDC, Surat, Gujarat and the Station House Officer (SHO) of Kashmere Gate, Delhi shall render necessary cooperation for execution of the commissions, as per this order.
ix. The Local Commissioners are permitted to take photographs and videography of the proceedings of the commission and of the stock CS(COMM) 852/2025 Page 20 of 21 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 21:48:21 seized and to take two samples each of the infringing products to be filed along with the Report.
x. The Local Commissioners, while executing the commissions, shall ensure that there is no disruption to the business of the Defendants, except for the purposes of the execution of the commission. The commission shall be executed in a peaceful manner. xi. Copy of the order and complete paper book shall be served by the Local Commissioners upon the Defendants at the time of execution of commissions.
54. The order passed today shall be communicated by the Local Commissioners to the Defendants.
55. The fees of the Local Commissioners is fixed at Rs. 2,50,000/- each vis-à-vis premises of Defendant nos. 3 and 4 located outstation; and Rs. 1,50,000/- vis-à-vis the premise of Defendant no. 2 located in Delhi; excluding out of pocket expenses, including travel, accommodation etc., which is to be borne by the Plaintiff.
56. The Local Commissions shall be executed within two (2) weeks. The report of the Local Commissioners shall be filed within two (2) weeks thereafter.
57. The order passed today, shall not be uploaded for a period of three (3) weeks for enabling the execution of the commissions.
58. In terms of the foregoing, the present application stands disposed of.
59. Copy of this order be given dasti under the signatures of the Court Master.
MANMEET PRITAM SINGH ARORA, J AUGUST 19, 2025/msh/AM CS(COMM) 852/2025 Page 21 of 21 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 21:48:21