M/S SURYA ROSHNI LIMITED vs M/S SURIYA SUNLITE LED PVT LTD

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 174/2024 M/S SURYA ROSHNI LIMITED .....APPELLANT Through: Mr. Rishabh Srivastva and Ms. Yasheswini Sharma, Advs. versus M/S SURIYA SUNLITE LED PVT LTD .....RESPONDENT Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 28.07.2025 C. HARI SHANKAR, J. 1. This appeal is directed against order dated 23 February 2024 passed by the learned District Judge (Commercial Court)-051, in CS(Comm) 5165/20212. By the impugned order, the learned Commercial Court has dismissed the suit of the appellant-plaintiff as being one of no evidence. 2. At the time of issuing notice in this appeal, the following order was passed by a Coordinate Bench of this Court: “RFA(COMM) 174/2024 6. The appellant has filed the present appeal impugning the order dated 23.02.2024 passed by the learned Commercial Court, rejecting the appellant’s suit being CS(COMM) 5165/2021, captioned as M/s Surya Roshni Limited v M/s Suriya Sunlite LED 1 “learned Commercial Court” hereinafter 2 M/s Surya Roshni Ltd v M/s Suriya Sunlite LED Pvt Ltd RFA(COMM) 174/2024 Signature Not Verified Page 1 of 5 Digitally Signed By:AJIT KUMAR Signing Date:29.07.2025 20:05:29 Pvt. Ltd. The appellant had filed the said suit inter alia praying seeking a decree of permanent injunction against the respondent from using any trademark identical to the appellant’s registered trademarks, as set out in the plaint. The appellant had also sought decree of damages along with the cost in addition to decree for rendition of accounts and for delivery up of all infringing materials. 7. The said suit was instituted on 07.12.2021. 8. The learned Commercial Court had issued an ad-interim injunction dated 08.02.2021 restraining the respondent from u