Delhi High Court - Orders
Herbalife International Inc vs Shiv Shakti Enterprises & Ors on 30 October, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 567/2025, I.A. 14087/2025, I.A. 19194/2025 & I.A.
26756-26758/2025
HERBALIFE INTERNATIONAL INC. .....Plaintiff
Through: Ms. Abhilasha Nautiyal, Mr. Vignesh
Raj T, Mr. Shuvam Bhattacharya and
Ms. Himani Thareja, Advs.
versus
SHIV SHAKTI ENTERPRISES & ORS. .....Defendants
Through: Mr. Rakesh Raushan, Adv. For D-1
Mr. Suresh Kumar, Advocate for D-2
to 5 and 7
Mr. Soibal Gupta and Mr. Suresh
Kumar and, Advs. for D-6
Mr. Amit Kumar Chawla, Ms. Surbhi
Khandelwal, Ms. Shirya Paruthi and
Mr. Hitesh Kumar Sharma and Ms.
Chandni Khandelwal, Advocates for
D-8
Ms. Shilpa Gupta, Ms. Surabhi Pande
and Mr. Raghav Goyal, Advs. for D-9
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 30.10.2025 I.A. 26757/2025
1. This is an application under Order I Rule 10 and Order VI Rule 17 of the Code of Civil Procedure, 1908 ['CPC'], filed by the plaintiff seeking CS(COMM) 567/2025 Page 1 of 6 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 03/11/2025 at 22:39:30 impleadment of proposed defendant no. 11 - Mr. Narayan Lal Kumawat and amendment of the plaint on basis of the local commissioner's report dated 17.06.2025 ['LC Report'].
2. Issue notice.
3. Learned counsels for defendant nos. 1 to 9 accepts notice. They state that they have no objection to the reliefs sought in this application.
4. Defendant no. 10 is John Doe.
5. In view of the aforesaid, no contest by the other defendants and in view of the LC Report, this application is allowed and the proposed defendant - Mr. Narayan Lal Kumawat is impleaded as defendant no. 11 to the present suit.
6. Amended plaint along with the amended memo of parties is taken on record.
7. With the aforesaid directions, this application stands disposed of.
I.A. 26756/20258. This application under Order XI Rule 2 read with Section 151 CPC has been filed by the plaintiff seeking a direction to defendant nos. 1 to 7 to answer the interrogatories enlisted at serial nos. 1 to 5 in document no. 1 enclosed with the captioned application.
9. Issue notice.
10. Learned counsel for defendant nos. 1 to 7 accept notice.
11. Defendant nos. 1 to 7 are directed to file their reply to the aforesaid interrogatories on an affidavit within four (4) weeks.
12. With the aforesaid directions, the application stands disposed of.
I.A. 26758/202513. This is an application filed by the plaintiff under Order XXXIX Rules CS(COMM) 567/2025 Page 2 of 6 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 03/11/2025 at 22:39:30 1 and 2 of CPC.
14. It is stated that vide order dated 29.05.2025, an ex parte interim injunction was passed whereby, inter alia, defendant nos. 1-8 were restrained from using the Plaintiff's 'HERBALIFE' trademarks in relation to nutritional products. Furthermore, local commissioners were also appointed to visit three [3] premises, namely (i) the premises of defendant nos. 2 and 3,
(ii) the premises of defendant nos. 4 and 6, and (iii) the premises of defendant no. 1.
15. It is averred that as per the LC Report dated 17.06.2025, a counterfeit product sold by defendant no. 11 was seized from the premises of defendant nos. 2 and 3 and it is contended that defendant no. 11 as well is engaged in the counterfeiting operations.
16. On basis of the averments made in the application and the reliance placed by the plaintiff on the LC Report dated 17.06.2025, it prima facie appears that defendant no. 11 is engaged in selling counterfeit products under the plaintiff's 'HERBALIFE' trademarks and passing off its goods as that of plaintiff.
17. In view of the aforesaid, the ad-interim injunction order dated 29.05.2025 is also extended to defendant no. 11.
a. Accordingly, defendant no. 11, its associates, employees, officers, servants, agents and all others acting for and on its behalf is/are restrained from using the plaintiff's 'Herbalife' trademarks for nutritional goods amounting to the infringement of the plaintiff's trademark registrations and passing off defendant no. 11's goods as those of the plaintiff.
18. With respect to prayer clause (5) of this application, defendant nos. 1 CS(COMM) 567/2025 Page 3 of 6 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 03/11/2025 at 22:39:30 to 8 and defendant no. 11 are directed to discontinue their seller accounts on the platform of www.flipkart.com platform for the purpose of selling the infringing goods bearing the impugned marks. They are directed to ensure that the platform of defendant no. 9/Flipkart is not used by them in any manner for selling the infringing goods.
19. In case, the plaintiff comes across any listing on defendant no. 9/ Flipkart pertaining to defendant nos. 1 to 7 and 11, it shall communicate the same to defendant no. 9, who will thereafter take down the said links, within 48 hours.
20. Defendant nos. 1 to 7 and 11 are directed to disclose on affidavit, the details of the accounts held by them with www.flipkart.com and the details of the transactions undertaken by them with respect to the infringing goods on the said platform, within two [2] weeks.
21. The plaintiff has averred that there is an invoice issued by defendant no. 9/Flipkart, which bears the details of defendant no. 11 as the seller. The plaintiff is directed to provide the said invoice to defendant no. 9, who shall thereafter trace the account of defendant no. 11 held by it on Flipkart and provide all details available with defendant no. 9, vis-à-vis the said seller to the plaintiff, within two [2] weeks.
22. The compliance of provision of Order XXXIX Rule 3 of CPC be done within one [1] week.
23. Issue notice to defendant no. 11 through all permissible modes.
24. Let the notice state that reply be filed by defendant no. 11 within four [4] weeks. Rejoinder, if any, be filed within two [2] weeks thereafter.
25. List before the learned Joint Registrar (J) on 02.12.2025.
CS(COMM) 567/2025 Page 4 of 6This 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 03/11/2025 at 22:39:30 CS(COMM) 567/2025
26. Summons be issued to the newly impleaded defendant no. 11 through all permissible modes on filing of process fee. Affidavit of service be filed within two [2] weeks.
27. Defendant no. 11 shall file that the written statement within thirty [30 days from the date of receipt of the summons. The defendant no. 11 shall also file affidavit of admission/denial of the documents filed by the plaintiff, failing which the written statement shall not be taken on record.
28. The plaintiff is at liberty to file replication thereto within thirty [30] days after filing of the written statement by defendant no. 11. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by defendant no. 11, failing which the replication shall not be taken on record.
29. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
30. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
31. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
32. List before the learned Joint Registrar (J) on 02.12.2025.
33. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No CS(COMM) 567/2025 Page 5 of 6 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 03/11/2025 at 22:39:30 physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J OCTOBER 30, 2025/msh/MG CS(COMM) 567/2025 Page 6 of 6 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 03/11/2025 at 22:39:30