SHYAM RASTOGI TRADING AS SHYAM HOSIERY INDUSTRIES AND ANR & ANR. vs HUGO BOSS TRADE MARK MANAGEMENT GMBH AND CO KG AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Judgment reserved on: 20.01.2026 Judgment delivered on: 29.01.2026 CM(M)-IPD 4/2026, CM 10/2026, CM 12/2026 SHYAM RASTOGI TRADING AS SHYAM HOSIERY INDUSTRIES AND ANR .....Petitioners versus HUGO BOSS TRADE MARK MANAGEMENT GMBH AND CO KG AND ANR .....Respondents Advocates who appeared in this case: For the Petitioners : Mr. Kirtiman Singh, Senior Advocate alongwith Mr. Chandra Prakash, Mr. Abhinav Kumar, Ms. Aindri Sahah and Mr. Maulik Khurana, Advocates. For the Respondents : Mr. Ajay Amitabh Suman, Mr. Shravan Kumar Bansal and Mr. Rishi Bansal, Advocates. CORAM: HON’BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. CM 11/2026 (condonation of delay) 1. By way of the present application, the petitioners seek condonation of delay of 36 days in filing the present petition. 2. For the reasons stated in the present application, the application is allowed and the delay of 36 days in filing the present appeal is condoned. 3. The application stands disposed of. CM(M)-IPD 4/2026 4. Present petition has been filed under Article 227 of the Constitution Signature Not Verified Digitally Signed CM(M)-IPD 4/2026 Page 1 of 22 By:YASHRAJ Signing Date:29.01.2026 17:29:26 of India, 1950 read with Section 151 of Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) assailing the order dated 12.09.2025 passed by the learned District Judge (Commercial Court-02), Saket Courts, New Delhi in suit bearing CS(COMM) 538/2023 titled Hugo Boss Trademark Management GMBH & Company KG vs. Shyamji Rastogi, whereby the application filed by the petitioner/defendant seeking to place on record additional documents, was dismissed. 5. Bereft of reference to the facts mentioned in the suit plaint, it would be relevant to only consider that t