ZIMALAYA DRUGS PVT LTD vs DABUR INDIA LIMITED

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 28th January, 2026 + CM(M) 210/2026, CM APPL. 5590/2026 & CM APPL. 5591/2026 ZIMALAYA DRUGS PVT LTD .....Petitioner Through: Mr. Ravinder Kumar Yadav, Ms. Arti Anupriya, Mr. Kartikey, Mr. Paras Juneja, Ms. Kritika Yadav and Mr. Naman Verma, Advocates. versus DABUR INDIA LIMITED .....Respondent Through: Mr. Manish Kumar Mishra, Ms. Akansha Singh, Ms. Saloni Raghuvanshi and Mr. Saransh Saini, Advocates. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 20th May, 2025 passed by the trial court in CS(COMM) 1868/2019, whereby the application filed by the petitioner/defendant under Order VIII Rule 1 A (3) read with Section 151 of the Code of Civil Procedure, 1908, seeking permission to place the additional documents on record, has been dismissed. 3. Learned Counsel for the respondent appeared on advance notice and accepts notice. 4. With the consent of the learned Counsel for the parties, the matter is CM(M) 210/2026 Page 1 of 6 Signature Not Verified Signed By:VAISHALI CHAUHAN Signing Date:29.01.2026 12:12:45 taken up for hearing. 5. Learned Counsel for the petitioner submits that the trial court has passed the impugned order on the basis of surmises and conjectures. It is argued that the documents sought to be placed on record are relevant for the proper adjudication of the case. These documents could not be filed earlier as they were lying with the previous counsel and could not be supplied to the petitioner on time. 6. Per contra, learned Counsel for the respondent has argued that th