ITW GSE APS & ANR. vs DABICO AIRPORT SOLUTIONS PVT LTD & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 08.12.2025 Date of Decision: 12.03.2026 Judgment uploaded on: As per digital signature + CS(COMM) 628/2023 & CC(COMM) 1/2024 I.A. 18297/2023 I.A. 29589/2025 ITW GSE APS & ANR. .....Plaintiffs Through: Mr. Anirudh Bhakhru, Ms. Vaishali Mittal, Mr. Siddhant Chamola and Mr. Gursimran Singh Narula, Advocates versus DABICO AIRPORT SOLUTIONS PVT LTD & ORS. .....Defendants Through: Ms. Swathi Sukumar, Sr. Advocate with Ms. Apoorva Murali, Ms. Aishwarya Chaturvedi and Ms. Aishwarya Mukherjee, Advocates for D-1, D-2 & D-3. Mr. Rohan Swarup, Advocate for D-4 % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J: I.A. 18297/2023(application on behalf of defendant no. 3 under Order I Rule 10(2) CPC) Signature Not Verified Digitally Signed CS(COMM) 628/2023 Page 1 of 17 By:RASHMI DABAS Signing Date:16.03.2026 11:45:07 1. This is an application filed by defendant no. 3 under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], seeking its deletion from the array of parties in the instant suit. 2. The plaintiffs have filed this suit seeking permanent injunction for restraining infringement of their Indian Patent No. 330145 [‘IN’145’]; rendition of accounts; damages, etc. against defendant nos. 1 to 4. 2.1. It is averred in the plaint that plaintiffs have acquired knowledge that defendants are manufacturing, using, offering for sale, selling, etc., by way of airport tenders, infringing Pre-Conditioned Air units [‘PCA units’], in which both the plaintiffs and defendants have participated. 2.2. The plaint sets out the infringing activities of the defendants in Section ‘D’ of the plaint, wherein the plaintiffs have raised a grievance about the sale and insta