INNOVATIVE DERMA CARE vs VARDHAMAN SKINCARE PVT LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28/02/2026 + CM(M)-IPD 47/2025 INNOVATIVE DERMA CARE .....Petitioner versus VARDHAMAN SKINCARE PVT LTD & ANR. .....Respondents Advocates who appeared in this case For the Petitioner : Ms. Aastha Sharma, Mr. Pramod Kumar Singh & Ms. Jahanvi Sharma, Advocates. For the Respondent : Mr. Ajay Amitabh Suman, Mr. Shravan Kumar Bansal, Mr. Rishi Bansal & Mr. Risabh Gupta, Advocates for Respondent No. 2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Petition has been filed under Article 227 of the Constitution of India, 1950 seeking setting aside of the order dated 21.11.2025 CM(M)-IPD 47/2025 Page 1 of 13 Signature Not Verified Signed By:NEELAM SHARMA Signing Date:28.02.2026 15:00:42 (“Impugned Order”) passed by the learned District Judge (Commercial), West District, Tis Hazari Courts, New Delhi (“Trial Court”) in CS(COMM) No. 403/2019 (“Suit”) titled as ‘Innovative Derma Care v. Vardhaman Skin Care Pvt. Ltd. & Anr.’, whereby the learned Trial Court dismissed an application (“Subject Application”) filed by the Petitioner under Order XVI Rule 1 read with Section 30 and Section 151 of the Code of Civil Procedure, 1908 (“CPC”) by way of which the Petitioner had sought permission of the learned Trial Court to bring on record an additional list of witnesses. FACTUAL BACKGROUND: 2. The Petitioner claims in the present petition that it is engaged in the business of marketing and selling skin care products under the Trade Mark ‘Clariwash’ (“Subject Mark”), which is owned by the Petitioner. In the month of July 2018, the Petitioner discovered that the Respondents are engaged in manufacturing and selling face wash products under the Subject Mark. Accordingly, the Petitioner instituted the S