In a commercial trademark dispute, Victoria Cross India Pvt Ltd lost a case before the district commercial court in Delhi and filed an appeal against the judgment passed on 23 March 2024, but the appeal reached the High Court 195 days late. The company sought to excuse the delay by explaining that the main decision-maker in the business had died in 2022, leaving his widow to handle everything for the first time while dealing with grief, that the partnership firm holding the rights had to be dissolved, that trademark ownership had to be transferred to the present appellant company, that directorship changes took time, and that obtaining the bulky trial court records also caused delay. The Delhi High Court examined these reasons and refused to condone the delay, holding that in commercial matters the law demands quick filing of appeals to ensure speedy resolution of business disputes, and a delay of 195 days is far too long to be excused unless it is very short and completely genuine with no negligence. The judges noted that the husband’s death had occurred almost two years before the judgment and that the steps taken after the judgment still left large unexplained gaps, so the explanations were not sufficient under Supreme Court guidelines that treat long delays in commercial appeals as the exception rather than the rule. The court therefore rejected the application for condonation of delay and dismissed the appeal outright without going into its merits.
Title: VICTORIA CROSS INDIA PVT LTD versus VICTRORINOX AG, Order date: 17.02.2026, Case Number: RFA(COMM) 532/2024 & CM APPL. 72308/2024, Neutral Citation: 2026:DHC:1459-DB, Name of court and Judge: IN THE HIGH COURT OF DELHI AT NEW DELHI, HON'BLE MR. JUSTICE C. HARI SHANKAR and HON'BLE MR. JUSTICE 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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