XERO DEGREES vs M/S FRANKART GLOBAL PRIVATE LIMITED & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 26.09.2025 + CS(COMM) 12/2024 XERO DEGREES. .....Plaintiff versus M/S FRANKART GLOBAL PRIVATE LIMITED & ORS. .....Defendants Advocates who appeared in this case For the Plaintiff : Mr. Abhay Mahajan, Mr. Shivam Malhotra, Mr. Ashit Kapoor and Mr. Ishan Dhamija, Advocates. For the Defendants : Mr. Sahib Kochhan, Mr. Sai Manik Sud and Mr. Aryan Mishra, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J I.A. 43782/2024 INTRODUCTION: 1. This Application was filed by the Plaintiff under Order XI Rule 1(5) read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking leave to place on record the following additional documents: Signature Not Verified CS(COMM) 12/2024 Page 1 of 9 Signed By:NEELAM SHARMA Signing Date:26.09.2025 16:57:35 a. Text messages of Partner of the Plaintiff Firm with Defendant No. 2; and; b. WhatsApp communication between Partners of the Plaintiff Firm and Defendant No. 2. SUBMISSIONS ON BEHALF OF THE PLAINTIFF: 2. The learned Counsel for the Plaintiff submitted that by way of the present Application, the Plaintiff seeks to place on record complete WhatsApp communication and other messages exchanged between one of the Partners of the Plaintiff Firm and Defendant No. 2. It is further submitted that the Defendants have selectively filed incomplete WhatsApp chats with mala fide intent to create a false impression that the Plaintiff had consented to the incorporation of Defendant No. 3 and the filing of the Trade Mark Applications, thereby misleading the Court. 3. The learned Counsel for the Plaintiff submitted that in order to establish the gross misrepresentation by the Defendants, the Plaintiff traced and retrieved the complete conversation from the releva