ITC LIMITED vs COTY INTERNATIONAL BV

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 227/2025 & CAV 316/2025, CM APPL. 51450/2025, CM APPL. 51451/2025, CM APPL. 51452/2025, CM APPL. 51453/2025 ITC LIMITED .....Appellant Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. Hemant Singh, Ms. Mamta Jha, Ms. Shruttima Ehersa, Ms. Aiswarya Debadarshini, Advs. versus COTY INTERNATIONAL BV .....Respondent Through: Mr. Dayan Krishnan, Sr. Adv. with Mr. Aniruddh Bakhru, Mr Rishi Bansal, Mr Rishabh Gupta, Mr Mankaran Singh, Mr Arpit Pundir, Ms Bhoomika Khaneja, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 21.08.2025 C. HARI SHANKAR, J. 1. In view of the fact that the impugned order dated 4 August 2025, passed by the learned Commercial Court, has granted a stay on the ground of passing off without returning any specific finding on the aspect of goodwill, Mr. Dayan Krishnan, learned Senior Counsel for the respondent, on instructions, is agreeable to a disposal of this FAO (COMM) 227/2025 Page 1 of 3 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:23.08.2025 16:32:32 appeal by setting aside of the impugned order and remanding the respondent’s application under Order XXXIX Rules 1 and 2 of the CPC for de novo consideration by the learned Commercial Court. 2. In that view of the matter, let the parties appear before the learned Commercial Court on 1 September 2025. 3. Needless to say, the learned Commercial Court would decide the matter uninfluenced by any observation contained in the impugned order. 4. Both sides agree that they would not seek any adjournment before the learned Commercial Court on next date of hearing. 5. We also request the learned Commercial Court to take up the arguments on that date and pass orders on the respondent’s a