VICTORIA CROSS INDIA PVT LTD vs VICTRORINOX AG

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 532/2024 & CM APPL. 72308/2024 VICTORIA CROSS INDIA PVT LTD .....Appellant Through: Mr. Rohan Jaitley, Adv. with Mr. Harsh Pratap Shahi, Mr. Areeb Amanullah, Mr. Dev Pratap Shahi, Mr. Varun Pratap Singh, Mr. Yogya Bhatia, Advs. versus VICTRORINOX AG .....Respondent Through: Mr. Shravan Kumar Bansal, Mr. Rishi Bansal and Ms. Shruti Manchanda, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 17.02.2026 C. HARI SHANKAR, J. CM APPL. 72307/2024 (delay) 1. By this application, the appellant in RFA(Comm) 532/2024 seeks condonation of delay of 195 days in filing the present appeal, which has been preferred under Section 13 of the Commercial Courts Act, 2015 against a judgment dated 23 March 2024 passed by the learned District Judge (Commercial-08), Tis Hazari Courts1. 1 “learned Commercial Court” hereinafter Signature Not Verified Signed By:PRAGYA RFA(COMM) 532/2024 Page 1 of 13 ARORA Signing Date:20.02.2026 10:36:15 2. As the earlier application filed for condonation of delay did not contain sufficient particulars, Mr. Jaitley, learned Counsel for the appellant, sought and was granted permission to file an additional affidavit explaining the delay of 195 days in preferring the appeal. He has done so. 3. We deem it appropriate to reproduce paras 16 to 22 of the affidavit thus, as the earlier paragraphs deal with the merits of the matter: “16. That Defendant No.1 (Late Mr. Dinesh Gupta) would look after the day to day affairs, take key decisions over vital aspects for course of business including trademark and copyright related subject with respect to Appellant Company (Defendant No.3) and Defendant No.4-Partnerhsip Firm, until his lifetime/date of demise- 08.07.2022