Delhi High Court - Orders
Ramanlal Kishandas Kothari And Anr vs Aska Equipments Pvt.Ltd. And Ors on 12 March, 2026
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 468/2023, CC(COMM)14/2023, I.A. 13568/2023, I.A.
13571/2023, I.A. 13572/2023 & CC(COMM)5/2024
RAMANLAL KISHANDAS KOTHARI AND ANR .....Plaintiffs
Through: Mr. Animesh Rastogi, Mr. Rajat Dubey,
Mr. Shashank Pandey and Mr. Ashutosh
Pathak, Advocates.
versus
ASKA EQUIPMENTS PVT.LTD. AND ORS. .....Defendants
Through: Ms. Sneha Jain, Ms. Priyam Lizmary
Cherian, Mr. Ayush Saxena, Mr.
Sushain Sobti and Mr. Devanjan
Chakravarty, Advocates.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 12.03.2026
1. After having heard learned counsel for the parties and having perused the pleadings, the following issues are framed:-
(i) Whether the defendant no.1/Counterclaimant infringes the registered patent of the plaintiffs of IN 415365? OPP
(ii) Whether the patent of the plaintiffs IN 415365 are invalid and ought to be revoked? OPD
(iii) Whether the plaintiffs are entitled to permanent injunction against the infringement of the plaintiffs' granted patent? OPP
(iv) Whether the plaintiffs are entitled to damages or rendition of accounts? OPP
(v) Whether the plaintiffs are entitled for delivery of the impugned goods? OPP
(vi) Cost(s). OPP
(vii) Relief, if any.CS(COMM) 468/2023 Page 1 of 4
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 16/03/2026 at 21:07:28
2. No other issue arises or is pressed for by the parties.
3. As per the order dated 03.11.2025, particularly para 2, the trial of the suit was directed to be expedited and the parties were directed to exchange the joint schedule of trial before the next date of hearing i.e. 12.03.2026.
4. In accordance with the order dated 03.11.2025, learned counsel for the parties have handed over the proposed timeline for expedited trial which is extracted hereunder in the tabulated form:
S. Step Description Timeline/ Tentative No proposed Date . timeline
1. Framing of issues To be concluded by 12 March 12 March, 2026, as 2026 per order dated 03 November 2025 of this Hon'ble Court
2. Joint Schedule of Parties to file Joint Within 1 week 19 March documents Schedule of from 12 March 2026 documents 2026
3. Marking of Exhibits Marking and Within 1 week 19 March admitting from 12 March 2026 documents as 2026 exhibits (documents filed by Defendant no.1 in the counterclaim only partly marked by Plaintiffs)
4. Recording of The parties may be 1 week from 03 April 2026 Evidence granted time to file the order of (Examination and a list of witnesses framing of Cross-Examination) ________________ issues ___________ Plaintiffs may be 6 weeks from 20 April 2026 granted time to file filing of list of affidavit by way of witnesses evidence of its witnesses ________________ _____________ ___________ Examination/ 4 weeks from By 15 May evidence of filing of 2026 Plaintiffs' witnesses affidavit by way CS(COMM) 468/2023 Page 2 of 4 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 16/03/2026 at 21:07:28 be completed of evidence Defendant 6 weeks from 14 July 2026 No.1/Counter completion of Claimants may be examination of granted time to file Plaintiff's affidavit by way of witnesses evidence of its witnesses ________________ _____________ ___________ Examination/ 4 weeks from 11 August evidence of the date of filing 2026 Defendant No.1's of affidavit by witnesses be way of evidence completed.
5. Arguments The parties may be 4 weeks from 8 September directed to file their the date of 2026 respective written completion of submissions recording of ________________ evidence ___________ Commencement of 2 weeks from 22 September final hearings and the date of 2026 arguments receiving written ________________ submissions ___________ Conclusion of final 3 weeks from 13 October arguments the 2026 commencement of the same.
5. The parties are requested to strictly adhere to the timeline as proposed in the Schedule.
6. Learned counsel for the plaintiffs seeks and is granted one week's time to file an appropriate affidavit of admission and/or denial of documents filed by defendants alongwith written statement in the Suit.
7. Learned counsel for the parties submit that on I.A. 13568/2023 under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908, an ex-parte CS(COMM) 468/2023 Page 3 of 4 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 16/03/2026 at 21:07:28 ad-interim injunction order was passed on 09.02.2023 against defendant no.1. However, vide order dated 08.02.2024 on the application bearing I.A. 19810/2023, the Court had modified ad-interim injunction order permitting defendant no.1 to bid their products which do not infringe the subject patent of the plaintiffs in tenders which may be issued from time to time.
8. Having regard to the fact that the matter is now commencing trial, the interim order dated 16.02.2023 as modified vide the order dated 08.02.2024 stands confirmed and is made absolute the pendency of the Suit.
9. I.A. 13568/2023 is accordingly disposed of.
10. In view of the above, I.A. 13572/2023 under Order XXXIX Rule 4 CPC filed on behalf of defendant no.1 is also disposed of.
11. List before the Joint Registrar (Judl.) on 19.03.2026 for further proceedings.
TUSHAR RAO GEDELA, J MARCH 12, 2026 kct CS(COMM) 468/2023 Page 4 of 4 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 16/03/2026 at 21:07:28