MS LALITA GOYAL PROPRIETOR OF MS BABY WHEELS INDIA vs SUMIT GARG

IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 125/2025 and CM APPL. 29277/2025 MS LALITA GOYAL PROPRIETOR OF MS BABY WHEELS INDIA .....Appellant Through: Mr. Nishant Mahtta, Mr. Junaid Alam and Mr. S. Nithin, Advocates versus SUMIT GARG .....Respondent Through: Mr. Shivam Jangra, Advocate CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 24.07.2025 C. HARI SHANKAR, J. 1. This appeal assails order dated 16 April 2025 passed by the learned District Judge (Commercial Court), North District, Delhi1, allowing an application filed by the respondent, as the plaintiff in the said suit, under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 in CS (Comm) 6742/20242 and restraining the appellant, who was the defendant before the learned Commercial Court, from using the design which stands registered in favour of the respondent under the Designs Act, 2000. 1 “the learned Commercial Court” hereinafter 2 Sumit Garg v Baby Wheels India 2. Before the learned Commercial Court, the appellant, in his written statement, pleaded invalidity of the respondent’s design registration and liability of the registration to be cancelled as a