NOVAMAX INDUSTRIES LLP vs PREM APPLIANCES & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order reserved on: 29.04.2026 Order delivered on: 19.06.2026 + CS(COMM) 177/2021 & I.A. 13748/2021 NOVAMAX INDUSTRIES LLP .....Plaintiff versus PREM APPLIANCES & ANR. .....Defendants Advocates who appeared in this case: For the Plaintiff : Mr. Umesh Mishra, Mr. Satish Kumar, Ms. Yashodhara Raina and Mr. Aakash Bhambri, Advocates. For the Defendants : Mr. Arnav Goyal, Advocate for D-1. CORAM: HON’BLE MR. JUSTICE TUSHAR RAO GEDELA ORDER TUSHAR RAO GEDELA, J. I.A.14299/2025 (Under Order XIII-A of CPC) 1. The present application has been filed under Order XIII A of the Code of Civil Procedure, 1908 (“CPC”) on behalf of the defendant no.1 seeking a summary judgment dismissing the suit of the plaintiff. 2. Before adverting to the application, some reference to the facts alleged in the plaint may be necessary. 3. The plaintiff had instituted the present suit claiming infringement and passing off of the design bearing no.322384-002, alongwith damages, delivery up, rendition of accounts, etc. It is stated that the defendant no.2, during the Signature Not Verified Digitally Signed By:YASHRAJ CS(COMM) 177/2021 Signing Date:19.06.2026 16:22:55 Page 1 of 25 pendency of the suit has already settled the dispute with the plaintiff, and a decree qua defendant no.2 already stands passed as recorded in the order dated 08.07.2022. 4. Plaintiff claims to have been incorporated on 11.07.2018 and commenced the business of manufacturing, marketing and selling electrical goods such as fan, cooler, etc. Between August, 2018 and December, 2018, the plaintiff claims to have engaged the services of a company Hongyi JIG Rapid Technologies for the purposes of designing and developing unique designs for products such as cooler etc. 5. Plaintiff had applied f