Fair Food Overseas Pvt. Ltd. filed a transfer petition seeking to move a copyright infringement and passing off suit (TM No. 305 of 2021) instituted by KRBL Limited against it, which was pending before the District Court (valued below Rs. 3 lakhs and thus non-commercial), to the High Court of Delhi for consolidation with KRBL's pending rectification petition (C.O.(COMM.IPD-CR) 707/2022) challenging the validity of Fair Food's copyright registration in the same artistic work/trade dress. The suit was at an early stage with interim injunction and amendment applications pending. The respondent opposed the transfer, arguing that Rule 26 of the IPD Rules, 2022 limits consolidation powers to commercial matters and does not permit transfer of non-commercial suits. The Court held that while Rule 26 of IPD Rules contemplates transfer only from Commercial Courts, the general and independent power under Section 24 CPC remains available and is not curtailed by Rule 26, allowing the High Court to transfer any IPR-related proceeding, including non-commercial suits, to avoid multiplicity, parallel adjudication and conflicting decisions on identical subject matter. Accordingly, the suit was transferred to the High Court and consolidated with the rectification petition.
- The power of the High Court under Section 24 CPC to transfer suits or proceedings is general, wide and independent, and is not restricted or circumscribed by Rule 26 of the Intellectual Property Rights Division Rules, 2022, even in IPR matters (Paras 9-14).
- Rule 26 of IPD Rules, which refers to exercise of Section 24 CPC powers for transferring matters from Commercial Courts for consolidation, does not limit the broader transfer powers available under Section 24 CPC for non-commercial IPR suits pending before District Courts (Paras 11-12, 16).
- To prevent multiplicity of proceedings and conflicting decisions, the High Court can transfer a non-commercial IPR suit from a District Court to itself under Section 24 CPC and consolidate it with related rectification proceedings pending before the IP Division, irrespective of the limitations in Rule 26 of IPD Rules (Paras 12-13, 17-18).
Case Title: Fair Food Overseas Pvt Ltd Vs KRBL Limited Order Date: 04.12.2025 Case Numbers: TR.P.(C.) 7/2024 & C.O.(COMM.IPD-CR) 707/2022 Neutral Citation: Not available in the order Name of Court: High Court of Delhi Name of Judge: Hon'ble Mr. Justice Tejas Karia
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
