Factual and procedural background
Mahesh Value Products Private Limited filed a trademark infringement suit against Rikhab Chand Jain and others alleging that they were manufacturing and selling counterfeit versions of its products. The commercial court passed an ex-parte order granting a stay and appointing a local commissioner to inspect the premises and seize evidence without hearing the defendants. Feeling aggrieved by the lack of proper reasoning in that order Mahesh Value Products approached the Delhi High Court in appeal.
Dispute in question
The main issue was whether the commercial court had given sufficient reasons for granting such strong interim relief including a stay and appointment of a local commissioner on an ex-parte basis.
Reasoning and decision of court
The division bench of the Delhi High Court examined the impugned order and found that it contained only one short paragraph as justification which was too brief and vague to support the relief granted. The judges also observed that the appellant’s long-standing trademark registrations dating back to 1950 with user claimed since 1895 had apparently not been considered. Prima facie they felt the matter deserved to be sent back to the commercial court for fresh consideration. However following a recent Supreme Court direction in a similar case the bench issued notice to the respondents directed them to file replies within one week and listed the appeal for hearing on 16 April 2026 without passing any interim or final order at this stage.
Mahesh Value Products Private Limited Vs Rikhab Chand Jain:30.03.2026:FAO (COMM) 88/2026: Hon'ble Justices C. Hari Shankar and Om Prakash Shukla.
Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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