AQUALITE INDUSTRIES PRIVATE LIMITED vs RELAXO FOOTWEARS LIMITED

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 11 November 2025 Pronounced on: 18 November 2025 + FAO(OS)(IPD) 1/2022 AQUALITE INDUSTRIES PRIVATE LTD ....Appellant Through: Ms. Swathi Sukumar, Sr. Adv. Mr. C. A. Brijesh, Ms. Simranjot Kaur, Mr. Ritwik Sharma, Advs. versus RELAXO FOOTWEARS LIMITED .....Respondent Through: Mr. Saif Khan and Mr. Shobhit Agarwal, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA % JUDGMENT 18.11.2025 C. HARI SHANKAR, J. The lis 1. Relaxo Footwears Ltd1 makes, among other kinds of footwear, hawai slippers – the Indian avatar of flip flops. Among these are its models BHG 136 and BHG 137. The designs of BHG 136 and BHG 137 are registered under the Designs Act, 2000, vide Registration Certificates Nos 325071 and 325074 respectively2. 1 “Relaxo” hereinafter 2 Collectively referred to, hereinafter, as “the suit designs” Signature Not Verified FAO(OS)(IPD) 1/2022 Digitally Signed By:AJIT Page 1 of 47 KUMAR Signing Date:18.11.2025 13:16:19 2. Relaxo has instituted CS (Comm) 190/20213 against Aqualite Industries Pvt Ltd4, alleging that Aqualite is manufacturing and selling hawai slippers which infringe the suit designs. The suit is presently pending before a learned Single Judge in the Intellectual Property Division of this Court. 3. With the suit, Relaxo filed IA 5717/2021 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 19085, seeking an interim injunction restraining Aqualite from manufacturing or dealing in footwear which infringes the suit designs, pending disposal of the suit. By order dated 8 October 2021, the learned Single Judge has allowed the IA, and has granted an interim injunction in favour of Relaxo and against Aqualite, as sought. 4. Aqualite is in appeal. Facts 5. The Pl