ELXIR TRADING PVT. LTD vs KENT RO SYSTEMS LTD AND ORS

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 156/2025, CM APPL. 62710/2025 & CM APPL. 62711/2025 ELXIR TRADING PVT. LTD .....Appellant Through: Mr. Ashish Aggarwal, Mr. Vidit Garg and Mr. Suresh K Chopra, Advs. versus KENT RO SYSTEMS LTD AND ORS .....Respondents Through: Ms. Rajeshwari and Mr. Rajneesh Chopra, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 06.10.2025 C. HARI SHANKAR, J. 1. This appeal is directed against order dated 23 September 2025 passed by a learned Single Judge of this Court in IA 7194/2025 in CS(Comm) 1062/2024. 2. IA 7194/2025 had been preferred by the respondents as the plaintiffs in CS(Comm) 1062/2024, alleging that obstructions were placed, by the appellant, to impede the execution of the commissions by local Commissioners appointed by the Court, who were directed to visit the premises of the appellant and inventorize and seize goods which bore the design of the respondents which, according to the respondents, had been infringed by the appellant. Signature Not Verified Digitally Signed By:AJIT FAO(OS) (COMM) 156/2025 Page 1 of 4 KUMAR Signing Date:06.10.2025 18:18:19 3. A reading of the impugned order reveals that the learned Single Judge has taken serious adverse notice to the manner in which the respondents had behaved, during the execution of the commissions. 4. The dispute essentially survives with respect to the moulds which were used by the appellant for the infringing designs. Mr. Aggarwal, who appears for the appellant, submits that the learned Single Judge, while permitting the respondents to visit the appellant’s premises afresh, has further directed the appellant to produce, before the expert of the respondents, the infringing moulds and dyes used for producti