Delhi High Court - Orders
Ab Skf vs M/S. Paramount Bearing Co. & Ors on 10 September, 2025
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 963/2025
AB SKF .....Plaintiff
Through: Mr. Saif Khan and Mr. Prajjwal
Kushwaha, Advocates.
Versus
M/S. PARAMOUNT BEARING CO. & ORS. .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 10.09.2025
I.A. 22357/2025(Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 22355/2025(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.
5. The Application stands disposed of.
I.A. 22354/2025(Additional Documents)
6. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ("CPC") as CS(COMM) 963/2025 Page 1 of 17 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 26/09/2025 at 22:07:09 applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.
7. 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.
8. Accordingly, the Application stands disposed of. I.A. 22356/2025 (Exemption from advance service to Defendant Nos. 1 to 6)
9. This is an Application filed by the Plaintiff under Section 151 of the CPC, seeking exemption from advance service to Defendant Nos. 1 to 6.
10. Mr. Saif Khan, the learned Counsel for the Plaintiff, submitted that there is a real and imminent likelihood that the Defendant Nos. 1 to 6 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 Plaintiff has sought an urgent ex-parte ad- interim injunction along with the appointment of the Local Commissioners, the exemption from advance service to Defendant Nos. 1 to 6 is granted.
12. The Application is disposed of.
I.A. 22358/2025(to mask the identities of the Parties)
13. The Plaintiff apprehends failure of the Local Commission if the identity of the Defendants is revealed and has requested masking of identifies of the Parties till the filing of the report of the Local Commissioners in compliance with the Practice Direction No. 139/Rules/DHC dated 27.05.2025.
14. Exemption is granted, subject to all just exceptions.
CS(COMM) 963/2025 Page 2 of 17This 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 26/09/2025 at 22:07:09
15. The Application is disposed of.
CS(COMM) 963/2025
16. Let the Plaint be registered as a Suit.
17. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.
18. 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 Plaintiff, without which the Written Statement(s) shall not be taken on record.
19. 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.
20. 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.
21. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
22. List before the learned Joint Registrar on 10.11.2025 for completion of service and pleadings.
I.A. 22352/2025 (U/O XXXIX Rule 1 and 2 of CPC)
23. Issue Notice. Let the Notice be served through all permissible modes upon filing of the Process Fees.
24. The Plaintiff has filed the present Suit for permanent injunction CS(COMM) 963/2025 Page 3 of 17 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 26/09/2025 at 22:07:09 restraining infringement of trade marks, infringement of copyright, passing off, unfair trade practice, unfair competition, dilution and tarnishment of trade mark, damages, rendition of accounts, delivery up, etc.
25. The learned Counsel for the Plaintiff made the following submissions before this Court:
25.1. The Plaintiff, AKTIEBOLAGET SKF, also known as AB SKF, is a company incorporated under the laws of Sweden, established and founded in the year 1907 is engaged in the business of manufacturing and supplying bearings, seals, lubrication systems, and related products and services ("Plaintiff's Products"). 25.2. The Plaintiff has been manufacturing and marketing the bearings under the Mark 'SKF' and has been using the Mark 'SKF' since the year 1907 vis-à-vis various types of bearings manufactured and marketed by it. The Plaintiff also has a comprehensive network of sale and after-sale service for the products manufactured by the Plaintiff in over 129 countries in the world, including India. The Plaintiff has an authorized list of distributors and partners through which its genuine products are sold. The concerned list is publicly available on the Plaintiff's website at https://www.skf.com/in/support/find-a-distributor. 25.3. The Plaintiff has made significant investments of time and money in the marketing and promotion of the Mark 'SKF' and the quality of the products under the Mark 'SKF' over the course of years developing goodwill, reputation and identity of the Mark 'SKF'.
The Plaintiff has also obtained various trade mark registrations for its 'SKF' formative marks ("SKF Marks").
CS(COMM) 963/2025 Page 4 of 17This 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 26/09/2025 at 22:07:09 25.4. The Plaintiff has been manufacturing and selling bearings on a global scale under the Mark 'SKF' in a unique trade dress having a distinctive color scheme of red, white and blue; and arrangement of artistic features such as 'SKF' written in bold white letters in a stylized manner ("SKF Trade Dress"). The SKF Trade Dress as appearing in the Application is reproduced below:
25.5. The SKF Trade Dress is inherently distinctive for the Plaintiff's Products and has been curated, conceptualized, and developed by and at the instance of the Plaintiff, constituting original artistic work within the meaning of Section 2 (c) of the Copyright Act, 1957 and the Plaintiff has exclusive right over its copyrighted work.
25.6. By virtue of extensive, uninterrupted, and long use in India and worldwide, the SKF Marks are well recognized, reputed, and exclusively associated with the high-quality of the Plaintiff's Products. The SKF Marks being duly registered marks, the Plaintiff holds exclusive statutory rights towards the use and exploitation of the goodwill under the SKF Marks as well as to seek protection against the violation of the rights in the SKF Marks. Thus, any subsequent adoption or use of an identical or CS(COMM) 963/2025 Page 5 of 17 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 26/09/2025 at 22:07:09 confusingly / deceptively similar mark thereto in any manner whatsoever in relation to any specification of goods cannot be done without the leave and license of the Plaintiff. 25.7. The Plaintiff regularly receives information from its representatives and customers regarding verification of products and complaints against entities engaging in infringement of the Plaintiff's Products by manufacturing and selling counterfeit products bearing the SKF Marks.
25.8. The Plaintiff has been receiving complaints related to several entities operating under the common name 'PARAMOUNT' with different GST numbers. The Plaintiff first received a complaint against Paramount Bearing Company in 2021 and has continued to receive such complaints from various customers over time and contacted its customers as and when a query / complaint was received from the customers. The Plaintiff has also sent email notices to the Defendants from time to time, but the Defendants continue their infringing acts in an uninhibited manner. The Defendants are various business entities mala fidely working together in a closely knit network and managed by one Mr. Bikrant Jaiswal and Mr. Pratik Jaiswal, and his family members carrying out counterfeiting activities.
25.9. The Defendants are selling inferior quality counterfeit bearings under the SKF Marks. The Defendants have copied the original artistic work of the stylized 'SKF' on the products marketed and sold by the Plaintiff, and the copyright in the packaging of the Plaintiff's Products. The Plaintiff being the proprietor of the SKF CS(COMM) 963/2025 Page 6 of 17 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 26/09/2025 at 22:07:09 Marks, and copyrighted work, has neither licensed the Defendants to use their copyrighted works, nor has it appointed the Defendants as its authorised dealers for the bearings under the SKF Marks. An extract of Defendant No. 1's brochure as appearing in the Application is reproduced below:
A screenshot of Defendant No. 1's website with listing of Plaintiff's Products as appearing in the Application is reproduced below:CS(COMM) 963/2025 Page 7 of 17
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 26/09/2025 at 22:07:09 25.10. The Defendants have appropriated in totality the artistic work of the Plaintiff with the intention of making their products and packaging appear as authentic as possible and mislead the members of the public into purchasing products from them. On account of the Defendant's wrongful and unauthorized use of the SKF Marks and the SKF Trade Dress, the Plaintiff's business, goodwill, and reputation associated with the same is likely to suffer incalculable loss, injury, and damage. The nature of the products involved i.e., industrial ball bearings and other industrial equipment necessitate the strictest adherence to safety standards and compliance regulations. Any deviation from these standards poses significant risks, as faulty or inferior bearings could lead to equipment malfunctions, accidents, and potential injuries to end users. The Plaintiff has no oversight or control over the safety standards implemented by the Defendants, if any. The potential for CS(COMM) 963/2025 Page 8 of 17 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 26/09/2025 at 22:07:09 accidents and injuries resulting from the use of inferior bearings falsely branded as those of the Plaintiff can destroy the Plaintiff's credibility, causing extensive damage to their business, goodwill, and reputation.
25.11. The Defendants' act of extracting money from customers and defrauding the members of public by using the Plaintiff's intellectual property including the Mark 'SKF' and the SKF Trade Dress prejudices the Plaintiffs' reputation and goodwill, earned by the Plaintiff by rendering products of high quality and maintaining quality standards for over decades. The Defendants' acts are bound to cast the Plaintiff in an unflattering light, and create unwarranted legal claims against the Plaintiff.
25.12. The Defendants' act of using the Mark 'SKF' in selling counterfeit products, is bound to cause dilution of the SKF Marks. The Plaintiff is suffering and is likely to suffer further dilution, diminution, weakening and eventual erosion of the goodwill, reputation and the positive associations linked to the SKF Marks. The Plaintiff is suffering loss of distinctiveness, uniqueness and exclusivity attached to the SKF Marks by reducing its capacity to identify and distinguish the business of the Plaintiff as originating from a particular source, regardless of the presence or absence of likelihood of confusion, mistake or deception. Owing to the Defendants' infringing acts, Defendants have made and are continuing to make illegal profits and are causing losses to the Plaintiff.
CS(COMM) 963/2025 Page 9 of 17This 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 26/09/2025 at 22:07:09 25.13. Thus, there exists a strong prima facie case for grant of interim injunction in favour of the Plaintiff. The balance of convenience also lies in favour of the Plaintiff and against the Defendants since irreparable loss, damage and injury to the Plaintiff's business, goodwill and reputation would continue unabated if the Defendant is not restrained by an ad-interim ex-parte order passed by this Court. The Defendant's acts unless restrained immediately will prejudicially affect the Plaintiff's brand image and cause irreparable loss as the relevant class of purchasers unequivocally associates the Mark 'SKF' with the Plaintiff's Products.
26. The material placed on record by the Plaintiff establishes the Plaintiff's long and continuous use of the Mark 'SKF' and the SKF Trade Dress in relation to bearings and allied products. The brochures and website extracts of Defendant No. 1 placed on record show use of the identical Mark 'SKF' in a manner that is calculated to mislead consumers into believing that the Defendants' Products originate from the Plaintiff.
27. It is also pertinent to take into account the nature of products in question i.e., industrial bearings where quality and reliability are of critical importance. If counterfeit bearings of inferior quality bearing the Mark 'SKF' are allowed to circulate in the market and the same results in any accident and injury, it will inevitably cause harm to the Plaintiff's reputation, leading to loss of consumer trust and goodwill built and maintained over several decades of trade.
28. 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. The alleged acts attributed to the Defendants are CS(COMM) 963/2025 Page 10 of 17 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 26/09/2025 at 22:07:09 likely to cause confusion in the course of trade of the Plaintiff, leading to erosion of consumer trust and irreparable injury to the Plaintiff's goodwill if the Defendants are not restrained from dealing in the Counterfeit Products. Thus, the balance of convenience lies in favour of the Plaintiff and against the Defendants.
29. Accordingly, till the next date of hearing, following directions are issued:
i. Defendant Nos. 1 to 6, their principal officers, proprietor / partners, servants, agents, their affiliates, subsidiaries, and all others acting for and on their behalf are restrained from using the name / Mark 'SKF', the SKF trade dress and / or any other mark, which is identical or deceptively similar to the Mark 'SKF' of the Plaintiff, including as part of domain, email ID, social media handle or in any manner in the course of trade, and / or reproducing the Plaintiff's copyright work in the SKF packaging without authorization from the Plaintiff leading to, infringement of the Plaintiff's registered SKF Marks, infringement of copyright and passing off.
ii. Defendant Nos. 7 to 12 are directed to freeze the bank accounts as specified in the table below and file in a sealed cover / password protected document, all details, records and particulars relating to opening and operating of the said bank accounts including KYC records of the account holders and complete account statements from opening till date within four weeks from the receipt of Notice.CS(COMM) 963/2025 Page 11 of 17
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 26/09/2025 at 22:07:09 Defendant Nos. Bank Account Details Defendant No. 7 1. 50200072658671 (IFSC - HDFC0004755)
2. 50200085032910 (IFSC - HDFC0000627) Defendant No. 8 921020009740646 (IFSC-UTIB0000153) Defendant No. 9 00250200001455 (IFSC- BARB0COLCAL) Defendant No. 10 1. 8445274307 (IFSC- KKBK0008497)
2. 8448099679 IFSC- KKBK0008038 Defendant No. 11 257439594755 (IFSC- INDB0000737) Defendant No. 12 40997706603 (IFSC- SBIN0000144)
30. 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.
31. List before this Court on 15.01.2026.
I.A. 22353/2025(for Appointment of Local Commissioners)
32. The present Application has been filed by the Plaintiff under Order XXVI Rule 9 read with Order XXXIX Rule 7 of the CPC, seeking appointment of a 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. 22352/2025 under Order XXXIX Rule 1 and 2 of the CPC.
33. 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:
CS(COMM) 963/2025 Page 12 of 17This 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 26/09/2025 at 22:07:09 Sr. Particulars Name of Local No. Commissioner 1. Defendant No. 1 Ms. Astha Singh, Advocate.
Paramount Bearing Co. 674/675, [Mobile No. 6386354811] 2nd Floor, Aisha Bhawan, Behind G.B. Road, Shardhanand Marg, Fasil Road, Delhi - 110006.
Defendant No. 3 M/s Premium Bearing & Liner Motion Surekha Building, 2423/29, Shardanand Marg, Shop No. 10, Behind 6, GB Road, Delhi- 110006 2. Defendant No. 1 Ms. Shivika Mattoo, Paramount Bearing Co. Ground Advocate. Floor, 1, Errabalu Chetty Street, [Mobile No. 9811424168] Chennai, Chennai, Tamil Nadu, 600001
34. The mandate of the learned Local Commissioners is as under:
i) The learned Local Commissioners shall visit the premises of the Defendants as per the above table, to inspect and seize any counterfeit products, fully or semi-manufactured counterfeit products of the Defendants bearing the Mark 'SKF' or packaging which is identical or deceptively similar to the SKF Trade Dress:CS(COMM) 963/2025 Page 13 of 17
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 26/09/2025 at 22:07:09
ii) If knowledge is acquired of any other premises than the aforesaid premises, where the counterfeit products with the Mark 'SKF' could be stored or services can be provided from, the learned Local Commissioners are free to record the same and then visit the other premises and conduct a seizure there as well;
iii) The learned Local Commissioners 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 counterfeit products or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the counterfeit products can take place;
iv) The learned Local Commissioners shall also obtain the details as to since when counterfeit products are being used by the Defendants under the Mark 'SKF' and obtain copies of the accounts if the same is found to be sold in market;
v) The learned Local Commissioners shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash CS(COMM) 963/2025 Page 14 of 17 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 26/09/2025 at 22:07:09 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 impugned goods, 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 counterfeit products under the Mark 'SKF' including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, banners, signage, cartons and other material bearing the Mark 'SKF' or any mark that is similar or identical to the Mark 'SKF' shall be released to the Defendants 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 counterfeit products have been stocked / manufactured, is denied to the Commissioners;
viii) Upon being requested, the concerned Station House Officer (SHO) shall render necessary cooperation for execution of the Commissions, as per this order;
ix) The learned Local Commissioners are permitted to take photographs and videographs 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;
CS(COMM) 963/2025 Page 15 of 17This 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 26/09/2025 at 22:07:09
x) The learned Local Commissioners, 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.
35. A copy of this Order be provided to the learned Local Commissioners and the same will be served upon the Defendants by the learned Local Commissioners at the time of execution of the Commissions.
36. The fee of the learned Local Commissioner is fixed at ₹1,50,000/- (Rupees One Lakh Fifty Thousand Only) for the Commission at Delhi and ₹2,00,000/- (Rupees Two Lakhs Only) for the Commission at Chennai, excluding out of pocket expenses, travel, lodging etc. All the aforesaid expenses shall be borne by the Plaintiff and paid in advance to the learned Local Commissioners named hereinabove.
37. The Commissions shall be executed on 22.09.2025, and the report of the learned Local Commissioners shall be filed within a period of two weeks thereafter.
38. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commissions.
39. 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.
40. List before this Court on 15.01.2026.
CS(COMM) 963/2025 Page 16 of 17This 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 26/09/2025 at 22:07:09
41. Order dasti under the signature of the Court Master.
TEJAS KARIA, J SEPTEMBER 10, 2025/sms CS(COMM) 963/2025 Page 17 of 17 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 26/09/2025 at 22:07:09