Delhi High Court - Orders
Nord Lock Ab & Anr vs Gala Precision Engineering Private ... on 2 February, 2026
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~32 to 35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
(32)
+ CS(COMM) 895/2023, I.A. 25411/2023, I.A. 25412/2023, I.A.
25414/2023, CC(COMM) 20/2024, I.A. 30710/2024 & I.A. 30561/2025
NORD LOCK AB & ANR. .....Plaintiffs
Through: Mr. Anirudh Bakhru, Ms. Vaishali
Mittal and Mr. Gursimran Singh Narula,
Advocates.
versus
GALA PRECISION ENGINEERING PRIVATE LIMITED
.....Defendants
Through: Mr. Neeraj Bhardwaj, Mr. Bikash
Ghorai, Mr. N.K. Bhardwaj and Mr.
Salil Oberoi, Advocates.
(33)
+ CS(COMM) 792/2024, I.A. 39514/2024, I.A. 39515/2024, I.A.
39516/2024 & I.A. 39517/2024
GALA PRECISION ENGINEERING LIMITED .....Plaintiff
Through: Mr. Neeraj Bhardwaj, Mr. Bikash
Ghorai, Mr. N.K. Bhardwaj and Mr.
Salil Oberoi, Advocates.
versus
NORD LOCK AB .....Defendant
Through: Mr. Anirudh Bakhru, Ms. Vaishali
Mittal and Mr. Gursimran Singh Narula,
Advocates.
(34)
+ CS(COMM) 793/2024, I.A. 39518/2024, I.A. 39519/2024, I.A.
39520/2024 & I.A. 39521/2024
GALA PRECISION ENGINEERING LIMITED .....Plaintiff
Through: Mr. Neeraj Bhardwaj, Mr. Bikash
Ghorai, Mr. N.K. Bhardwaj and Mr.
Salil Oberoi, Advocates.
CS(COMM) 895/2023 & Connected Matters Page 1 of 5
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 04/02/2026 at 20:34:34
versus
NORD LOCK AB .....Defendant
Through: Mr. Anirudh Bakhru, Ms. Vaishali
Mittal and Mr. Gursimran Singh Narula,
Advocates.
(35)
+ CS(COMM) 794/2024, I.A. 39522/2024, I.A. 39523/2024, I.A.
39524/2024 & I.A. 39525/2024
GALA PRECISION ENGINEERING LIMITED .....Plaintiff
Through: Mr. Neeraj Bhardwaj, Mr. Bikash
Ghorai, Mr. N.K. Bhardwaj and Mr.
Salil Oberoi, Advocates.
versus
NORD LOCK AB .....Defendant
Through: Mr. Anirudh Bakhru, Ms. Vaishali
Mittal and Mr. Gursimran Singh Narula,
Advocates.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 02.02.2026 I.A. 30561/2025 (Additional documents) in CS(COMM) 895/2023
1. This is an application filed on behalf of the counter claimant under Order XI Rule 1(5) of the Commercial Courts Act, 2015 read with Section 151 of the Code of Civil Procedure, 1908 seeking leave to place on record additional documents.
2. Learned counsel appearing for the applicant/counter claimant submits that these documents are public documents being in the nature of prior arts of various patents pertaining to a single First Examination Report dated 27.07.2018 in respect of Patent Application no. IN 324 and also those pertaining to Patent no. US6,599,071 B1. He submits that these are public documents, therefore they may be taken on record.
CS(COMM) 895/2023 & Connected Matters Page 2 of 5This 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 04/02/2026 at 20:34:34
3. The only explanation given by the applicant is in para 8 wherein it is stated that though these were available in public domain, however, despite due diligence, the same could not be filed.
4. The Court is not convinced with the explanation tendered in as much as, it is informed that these documents have been filed after the amended written statement has been permitted by this Court as also after the lack of such documents have been pointedly taken by the plaintiff "NORD LOCK AB" in its replication.
5. Though the reasons provided in para 8 are insufficient and are not disclosed in the list of documents, which had been filed with the counter claim, in terms of the law laid down, however, keeping in mind the fact that these are public documents, the application is allowed. The documents mentioned in paras 3 and 5, which are reproduced hereunder, and the First Examination Report dated 27.07.2018 as mentioned in para 6 of the application are taken on record:
"3. That recently, during routine search by the Counter Claimant, certain prior arts were discovered, which were initially not known at the time of filing counter claim. The said prior arts are highly relevant and crucial for the proper adjudication of the issues raised in the Counter Claim. The particulars of the said prior arts as discovered are as follows:
S. No. Particulars Description
1. Prior Art bearing patent Method of manufacturing a Washer
number 5,259,819
2. Prior Art bearing patent Lock Washer Arrangement
number 3,263,727
3. Prior Art bearing patent Two Stage Die Sheet
number 5,722,280
4. Prior Art bearing patent Method for producing circular washer
publication number US
2008/0009355A1
5. Prior Art bearing patent Method for manufacturing metalized
number 5,891,523 heat treated precision articles
6. ISO CERTIFIED ISO CERTIFIED international
international standards ISO standard for Mechanical properties of
CS(COMM) 895/2023 & Connected Matters Page 3 of 5
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 04/02/2026 at 20:34:34 898-1 fasteners made of carbon steel and alloy steel
7. ISO CERTIFIED ISO CERTIFIED international international standards ISO standard for Fasteners - Non- 10683 electrolytically applied zinc flake coatings
8. Product composition of Composition, product description, list DELTA-PROTEKT® KL of specifications and etc. 100
4. xxxxx
5. It is pertinent to note that, in the prior art bearing Patent No. US 6,599,071 Bl, includes a coating comprising two distinct layers, of coating. Plaintiffs own process, as stated, involves a zinc flake based coating, whereas the Counter-Claimant's process comprises a two-stage coating system that is distinct in composition, structure, and method of application. Hence, the Plaintiff has now adopted contradictory positions with respect to the nature and process of coating first distinguishing itself from two-layer coatings in its prosecution before the Patent Office, and now alleging similarity to such a system thereby demonstrating inconsistency in its own stand. The details of the prior arts cited in the First Examination Report of the Plaintiffs Patent Application are as follows:
S. No. Particulars Description
1. Prior Art bearing Patent Wedge Cam Lock Washer For
Publication No. US Threaded Fasteners
2004/0131443
2. Prior Art bearing Patent Dual Plated Fasteners
Publication No. US
6,599,071 B1
3. Prior Art bearing Patent Preassembled Screw and Lock Washer
Publication No. US
2,270,813
,,
6. The documents are taken on record subject to costs of Rs.50,000/- to be paid by the defendant/counter claimant in favour of Delhi High Court Staff Welfare Fund, UCO Bank Account No. 15530110074442.
7. The aforesaid permission granted to the counter claimant to place on record the documents are, however, subject to the rights which are reserved to the defendant in the Counter Claim to file any document in opposition or object CS(COMM) 895/2023 & Connected Matters Page 4 of 5 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 04/02/2026 at 20:34:34 to the mode of relevancy or proof, at the appropriate stage.
8. Matter is passed over for hearing arguments on the application under Order XXXIX Rule 1 and 2 Code of Civil Procedure, 1908, in the post lunch session.
TUSHAR RAO GEDELA, J At 5:20 pm
1. At this stage, the arguments on the application under Order XXXIX Rule 1 and 2 CPC cannot be heard.
3. List again on 28.04.2026.
4. The parties are permitted not more than 20 minutes each to address arguments. No extension of time at all shall be permitted.
TUSHAR RAO GEDELA, J FEBRUARY 2, 2026 Kct/Aj CS(COMM) 895/2023 & Connected Matters Page 5 of 5 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 04/02/2026 at 20:34:34