SANA HERBAL PVT. LTD vs DEHLVI AMBAR HERBALS PVT. LTD & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 104/2025 and CM APPLs. 25826-829/2025 SANA HERBAL PVT. LTD .....Appellant Through: Mr. MK Miglani, Mr. Amit Tomar, Mr. Hardik Gogia and Mr. Utkarsh Jha, Advocates versus DEHLVI AMBAR HERBALS PVT. LTD & ANR. .....Respondents Through: Dr. Farrukh Khan and Ms. Tanzeela Farheen, Advocates for R1 & 2 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT(ORAL) % 01.05.2025 C. HARI SHANKAR, J. 1. This appeal is directed against order dated 29 March 2025 passed by the learned District Judge (Commercial Court-01) in CS (COMM) 152/20251 to the extent that the learned Commercial Court has refused the appellant’s prayer for ex parte ad interim injunction on the ground that the respondent was already in the market. 1 Sana Herbal Pvt Ltd v Dehlvi Ambar Herbals Pvt Ltd and Anr FAO(COMM) 104/2025 2. Prima facie, this ground cannot be a sole basis to reject the prayer for ex parte ad interim injunction, as has already been held by the Division Bench of this Court in Hulm Entertainment Pvt Ltd v SBN Gaming Network Pvt Ltd2. 3. Nonetheless, we need not enter into that aspect of the matter as the defendant before the l