Delhi High Court - Orders
Sabar Aroma Overseas Llp & Anr vs M/S Satyapal Shivkumar & Ors on 4 November, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1176/2025
SABAR AROMA OVERSEAS LLP & ANR. .....Plaintiffs
Through: Mr. Ankur Sangal, Mr. Shashwat
Rakshit & Ms. Apurva Bhutani,
Advocates.
versus
M/S SATYAPAL SHIVKUMAR & ORS. .....Defendant
Through:
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 04.11.2025 I.A. 27292/2025 (seeking exemption from pre-institution mediation)
1. This is an application under Section 12A of the Commercial Courts Act, 2015 ('Act of 2015') read with Section 151 of the Code of Civil Procedure, 1908 ('CPC'), filed by the Plaintiffs seeking exemption from instituting pre-litigation mediation.
2. Having regard to the facts of the present suit contemplates urgent interim relief and in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiffs.
3. Accordingly, the application stands disposed of. I.A. 27294/2025 (for filing additional documents)
4. This is an application under Order XI Rule 1(4) of CPC [as amended 1 (2024) 5 SCC 815 CS(COMM) 1176/2025 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 28/11/2025 at 20:58:28 by the Act of 2015] read with Section 151 of CPC, seeking leave to file additional documents within thirty (30) days.
5. The Plaintiffs, 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').
6. For the reasons stated in the application, the same is allowed.
7. Accordingly, the application is disposed of.
I.A. 27295/2025 (seeking exemption from serving advance suit papers on the Defendants)
8. This is an application under Section 151 of CPC, filed by the Plaintiffs seeking exemption from serving advance suit papers on the Defendants.
9. In view of the fact, that the Plaintiffs have sought an ex parte ad interim injunction along with the appointment of Local Commissioner, the exemption from effecting service upon the Defendants at this stage is granted.
10. Accordingly, the application stands disposed of. I.A. 27296/2025 (for enlargement of time to file Court fees)
11. This is an application under Section 149 read with Section 151 of CPC, filed by the Plaintiffs seeking enlargement of time to file Court fees.
12. Learned counsel for the Plaintiffs states that the Court fee stands deposited and the Court fees certificate will be filed within one (1) week.
13. The time for filing of the Court fees certificate is enlarged by one (1) week failing which the plaint shall stand rejected under Order VII Rule 11(b) of CPC.
CS(COMM) 1176/2025 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 28/11/2025 at 20:58:28
14. With the aforesaid directions, the application stands disposed of. I.A. 27297/2025 (exemption from filing documents with original copies)
15. This application under Section 151 of CPC, filed by the Plaintiffs seeking exemption from filing documents with original copies within two (2) weeks.
16. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and DHC Rules.
17. Accordingly, the application stands disposed of. CS(COMM) 1176/2025
18. The present suit has been filed for permanent injunction restraining infringement of trade mark, copyright, passing off and other ancillary reliefs against the Defendants.
19. Let the plaint be registered as a suit.
20. Summons be issued to the Defendants by all permissible modes on filing of process fee. Affidavit of service be filed within two weeks.
21. The summons shall indicate that the written statement(s) must be filed within thirty (30) days from the date of receipt of the summon(s). The Defendants shall also file affidavit(s) of admission/denial of the documents filed by the Plaintiffs, failing which the written statement(s) shall not be taken on record.
22. The Plaintiffs are at liberty to file replication thereto within thirty days (30) after filing of the written statement(s). The replications shall be accompanied by affidavits of admission/denial in respect of the documents filed by the Defendants, failing which the replications shall not be taken on record.
CS(COMM) 1176/2025 Page 3 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 28/11/2025 at 20:58:28
23. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
24. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
25. List on 18.12.2025 before the learned Joint Registrar (J).
26. List on 14.04.2026 before the Court.
I.A. 27291/2025 (under Order XXXIX Rule 1 & 2 CPC)
27. This is an application filed under order XXXIX, Rules 1 and 2 read with Section 151 of the CPC, by the Plaintiffs seeking an ex -parte ad- interim injunction against the Defendants.
28. Mr. Ankur Sangal, learned counsel for the Plaintiffs has set out the case of the Plaintiffs as under: -
28.1 The Plaintiffs are related parties, engaged in the business of manufacturing, marketing, and exporting pan masala and gutkha products under the trade mark 'PANZIO', adopted by the Plaintiffs in the year 2022, bearing the label/artistic work/trade dress . The details of the Plaintiffs' trademark application for its wordmark 'PANZIO' is mentioned at paragraph 13 of the plaint.
28.2 The Plaintiffs are the owners of the copyright of the artistic works of CS(COMM) 1176/2025 Page 4 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 28/11/2025 at 20:58:28 the Plaintiff's trade dress/Artistic works . The aforesaid trade dress were conceived, designed, and created as per the directions of the Plaintiffs. The trade dress in green colour is used for the outer packaging which wraps the small pouches and the trade dress in white and brown colour is used for the individual pouches. 28.3 The sales figure of the product of the Plaintiffs for the year 2025 - 2026 was Rs. 54 Lakhs. Details of the sales figures for the years 2023 - 2026 are provided at paragraph 16 of the plaint.
29. The Defendants are engaged in the business of manufacturing, trading, and exporting counterfeit goods under the Plaintiff's trademarks and Plaintiff's label/artistic work/trade dress ['Impugned Trademark/Trade-dress'].
CS(COMM) 1176/2025 Page 5 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 28/11/2025 at 20:58:28 The Defendants have a market in Malaysia.
29.1. Defendant No. 1 is the partnership firm of Defendant No. 2 and 3, based in Delhi. Defendant No. 4 and 5 are carrying on its business from Ahmedabad, Gujarat while the Defendant No. 6 is in the business of manufacture and supply of gravure cylinder and is supplying the gravure cylinder to the Defendants for printing solutions of the infringing packaging for the counterfeit products.
30. It is stated that in the fourth week of October, 2025, the Plaintiffs came to know through market resources that the Defendant No. 1 to 3 are manufacturing and trading the counterfeit products of the Plaintiffs 'PANZIO' Gutkha product in various markets of Delhi while, the Defendant No. 4 is exporting the counterfeiting products to Malaysia. The Plaintiffs also came to know about the Defendant No. 6 supplying the gravure cylinders for the manufacturing of the counterfeit products to the Defendant No. 5. The name of the Defendant no. 5 appears on the counterfeit packaging.
31. Learned counsel for the Plaintiffs states that the Defendants are not the licensee of the Plaintiff's trademark/label/artistic-work/trade-dress and have no rights to use the same in any manner for any other specification of goods and business, whatsoever.
31.1. He states that the counterfeit product of the Defendants has been provided to the Plaintiffs by an informer of the Plaintiffs. 31.2. He states that the only distinguishing feature in the outer packaging in green colour of the Plaintiff's product and the Defendant's product is that the counterfeit product of the Defendants has an imprint which reads as 'Exported by Eskay Export' while the original packaging that of the CS(COMM) 1176/2025 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 28/11/2025 at 20:58:28 Plaintiffs has an inscription which reads as 'Exported by Sabararoma Overseas LLP' 31.3. He states that the Defendants' have adopted identical packaging and details of the Plaintiffs' product including the bar code on the outer packaging is also copied to pass off the counterfeit goods as originated from the Plaintiffs.
31.4. He states that the inner pouches of the Plaintiffs' product and the counterfeit products are indistinguishable .
31.5. He states that the Defendant's in their counterfeiting product have even copied the tag line of the Plaintiffs' product which says 'DUM MARO DUM ... MIT JAYE GHAM....'.
31.6. He states that Plaintiffs ensure only high - quality products are sold in India as well as outside India, however, he has no control over the counterfeiting products of the Defendants and several counterfeiters use bad quality raw materials as well as packaging materials which destroy the flavour of the product and reduce the life of the product. 31.7. He states that any deficiency in the quality of Defendants' counterfeit products will directly and adversely affect and cause irreparable prejudice, damage and injury to the goodwill and reputation that exists in the Plaintiffs' products.
31.8. He states that tobacco has seriously deleterious health defects and if counterfeit tobacco is permitted to be consumed, it can even result in loss of one's life.
CS(COMM) 1176/2025 Page 7 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 28/11/2025 at 20:58:28 31.9. He states that the Plaintiffs have an overseas market in Malaysia and these counterfeit products have also been seen in Malaysia. He states that the Plaintiffs have received the information about the eminent export of the counterfeit product is most likely done by the Defendant no. 4. 31.10. He states that in view of the said facts and circumstances, this Court may be pleased to grant an ex-parte ad interim injunction in favour of the Plaintiffs and against the Defendants and prevent the Defendants from exporting the counterfeit goods.
32. This Court has heard the learned counsel for the Plaintiffs and perused the record.
33. The Plaintiffs are the registered proprietor of the trademark/wordmark 'PANZIO'. The Plaintiffs goods are sold in a trade dress , which is artistic and unique.
34. A table showing the comparison of the genuine goods of the Plaintiff with the counterfeit goods of the Defendants bearing the Plaintiff's trademark/wordmark, as set out at page no. 37 & 38 of the plaint, is as under: -
CS(COMM) 1176/2025 Page 8 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 28/11/2025 at 20:58:28
35. During the hearing, learned counsel of the Plaintiffs have handed- over the original product of the Plaintiffs and the counterfeit products manufactured by the Defendants bearing the impugned marks and packaging. On a bare perusal of the said products, it prima facie appears that the Defendants have blatantly copied all the essential features of the Plaintiff's trademark/wordmark and artistic-works/label/trade-dress, and even the bar code digits of the Plaintiffs' products on to their counterfeit and infringing products. The details of the distributor mentioned on both the packaging is identical i.e., RDX Global Sdn. Bhd, which is also misleading.
CS(COMM) 1176/2025 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 28/11/2025 at 20:58:28 The packaging of the products is identical on a bare comparison and the trade mark is also identical.
In view of the assertion of the Plaintiffs that these are not its product and the Defendant is also not authorized by the Plaintiffs to manufacture the said goods, it is ex-facie evident that the Defendants' goods are counterfeit and are being sold to unwary consumers as the goods of the Plaintiffs.
36. In view of the aforesaid and on basis of the averments made in the plaint, this Court is of the opinion that a case of infringement of trademark/wordmark, Copyright and passing off has been made out by the Plaintiff; this act of the Defendants of employing the exact replicas of the Plaintiffs' registered trademark/wordmark and trade dress on its counterfeit and infringing products will lead to any consumer of average intelligence to believe that they are purchasing an authorized product affiliated with the Plaintiffs.
37. In view of the aforesaid, the Plaintiffs have established a prima facie case for grant of an ex parte ad-interim injunction against the Defendants. The balance of convenience also lies in favour of the Plaintiffs, and the Plaintiffs will suffer irreparable loss in case the Defendants are not restrained from the using the Plaintiff's registered trademark/wordmark/artistic works/label/trade dress.
38. Consequently, until the next date of hearing, the Defendants, their proprietors, partners or directors, as the case may be, their principal officers, servants, distributors, licensees, dealers and agents, and all others acting for and on behalf of the Defendants, are restrained from manufacturing, exporting, printing, packing, selling, offering for sale, advertising, directly or indirectly dealing in any goods/packaging under the impugned trade mark CS(COMM) 1176/2025 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 28/11/2025 at 20:58:28 "PANZIO", impugned trade dress / packaging / / ['Impugned Trademark/Trade dress'] or any other mark or packaging which may be identical to or deceptively similar with the Plaintiffs' trade mark PANZIO and their label/artistic-work/trade-
dress and .
39. The Defendants are also restrained from using any indicia whatsoever to show any association or connection of the Defendants or its products with that of the Plaintiffs.
40. In view of the fact that the Plaintiffs' have sought appointment of Local Commissioner to seize the infringing and counterfeit product, the very purpose of grant of ex-parte ad interim injunction would be defeated if the CS(COMM) 1176/2025 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 28/11/2025 at 20:58:28 Defendants are given notices contemplated in Order XXXIX Rule 3 of CPC prior to the execution of the commission. Hence, it is directed that the Plaintiffs shall serve notice under Order XXXIX Rule 3 of CPC at the time of execution of the Local Commission which shall not be later than two (2) weeks from today.
41. Issue notice to the Defendants through all modes.
42. Let the reply to this application be filed within a period of three (3) weeks.
43. Rejoinder thereto, if any, be filed within a period of three (3) weeks thereafter.
44. List on 18.12.2025 before the learned Joint Registrar (J).
45. List on 14.04.2026 before the Court.
I.A. 27293/2025 (for appointment of the Local Commissioner)
46. This is an application filed under Order XXVI Rules 9 &10 and Order XXXIX Rule 7 read with Section 151 of CPC, seeking appointment of Local Commissioners.
47. In order to ensure that the injunction is fully complied with and to preserve the evidence of infringement, this Court deems it appropriate to appoint Five (5) Local Commissioners, the appointment is confined thereto:
S. NO. Addresses Particulars Fees
1. M/S SATYAPAL Mr. Aman Tehlan, Rs. 2,00,000/-
SHIVKUMAR Advocate
D-33, SMA E. No. -
INDUSTRIAL D/7507/2020
ESTATE M. No. -
GT KARNAL ROAD, 7015408123
JAHANGIRPURI
CS(COMM) 1176/2025 Page 12 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 28/11/2025 at 20:58:28 DELHI - 110033
2. M/S SATYAPAL Ms. Meenal Rs. 2,50,000/-
SHIVKUMAR Maheshwari,
SEZ UNIT 105, 205, Advocate
TAPTI SDF E. No.-
COMPLEX PHASE 2, D/11401/2025
GANDHIDHAM M. No. 9718990738
KACHCHH,
GUJARAT - 370230
3. SHERMOHAMMED Mr. Vaidushya Rs. 2,50,000/-
KHAN MOHAMED Parth, Advocate
PATHAN E. No. D/3561/2023
PROPRIETOR, M. No. 7459032067
ESKAY EXPORTS
A351, THIRD
FLOOR, SAKAR 7,
REFOM CLUB
NEHRU BRIDGE
CORNER, ASHRAM
ROAD
AHMEDABAD,
GUJARAT, 380009
4. VRAAJ PACKAGING Mr. Siddharth Rs. 2,50,000/-
C 1, CHINAI BAUGH Gupta, Advocate
ESTATE E. No. D/1656/2013
DUDHESHWAR M. No. 9810141287
ROAD, NEAR
UNION BANK OF
INDIA
AHMEDABAD,
GUJARAT, 380004
5. AKSHAR Mr. Umang Kumar Rs. 2,50,000/-
GRAVURES Singh, Advocate
PRIVATE LIMITED E. No. D/1423/2016
BLOCK NO 514/2, P- M. No. 9999955488
3, AKSHAR
GRAVURES NEAR
CS(COMM) 1176/2025 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 28/11/2025 at 20:58:28 SILVER ESTATE, VILL - RAKANPUR KALOL GIDC ESTATE, KALOL GANDHINAGAR, GUJARAT, 382721
48. The mandate of the Local Commissioners is as under:
i. The Local Commissioners shall visit the premises of the Defendants as mentioned above, to inspect and seize the infringing product bearing the impugned marks. ii. The Local Commissioners are permitted to seize the infringing products bearing the impugned marks 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 pamphlets, brochures, stickers, packaging materials, dyes or blocks used for preparing the manufacturing materials, display boards, sign boards, advertising material, unfinished, packed, unpacked infringing products bearing the impugned marks or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the infringing products bearing the impugned marks can take place.
iv. The Local Commissioners shall also obtain the details as to CS(COMM) 1176/2025 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 28/11/2025 at 20:58:28 since when infringing goods bearing the impugned marks are being used by the Defendants and obtain copies of the account, if the same is found to be sold in market.
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 impugned 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 products bearing the impugned marks, in fully manufactured or unfinished condition, including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, brochures, banners, signage, cartons and other material bearing the impugned marks or the marks, which are similar to the Plaintiffs' trademarks, shall be released to the Defendant 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. The Local Commissioner visiting the premises of the Defendant CS(COMM) 1176/2025 Page 15 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 28/11/2025 at 20:58:28 no. 6 is allowed to seize the gravure cylinder bearing the artwork of the packaging of the Plaintiffs' product. ix. Upon being requested, the concerned, the Station House Officer ['SHO'] and the Superintendent of the Police having jurisdiction over the aforesaid locations shall render necessary cooperation for execution of the commission, as per this order. x. The Local Commissioners are permitted to take photographs and videography of the proceedings of the commission, if it is deemed appropriate.
xi. The Local Commissioners, while executing the commission, shall ensure that there is no disruption to the business of the Defendant, except for the purposes of the execution of the commission. The commission shall be executed in a peaceful manner.
xii. Copy of the order and complete paper book shall be served by the Local Commissioners upon the Defendant at the time of execution of commission.
49. The order passed today shall be communicated by the Local Commissioners to the Defendants.
50. The fee of the Local Commissioner is fixed as stated above, excluding out-of-pocket expenses, travel expenses, etc., which is to be borne by the Plaintiffs.
51. The Local commission is to be executed within two (2) weeks. The report of the Local Commissioner shall be filed within two (2) weeks thereafter.
52. The present application stands disposed of.
CS(COMM) 1176/2025 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 28/11/2025 at 20:58:28
53. The order passed today, shall not be uploaded for a period of 3 weeks for enabling the execution of the commission.
54. Either, the learned counsel for the Plaintiffs or the learned Local Commissioners are directed to collect certified copy of this order from the Registry (Dispatch Branch) before for execution of the Commission.
55. The learned Local Commissioners shall carry the certified copy of this Order for execution of the Commission and a copy of the same shall be served upon the Defendants by the learned Local Commissioner at the time of the execution of the Commission.
56. Coloured Copy of this order to be given dasti under the signatures of the Court Master.
MANMEET PRITAM SINGH ARORA, J NOVEMBER 4, 2025/ng/IB CS(COMM) 1176/2025 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 28/11/2025 at 20:58:28