This case before the Delhi High Court involves Sana Herbal Pvt. Ltd. as the appellant and Dehlvi Ambar Herbals Pvt. Ltd. as the respondent. The core issue revolves around the appellant's request for an ex parte ad interim injunction to prevent the respondent from continuing certain market activities, which the appellant claimed were infringing upon its rights. The learned District Judge (Commercial Court-01) refused to grant this injunction on the grounds that the respondent was already established in the market, potentially making the injunction unnecessary or ineffective. The appellant challenged this order by filing an appeal before the High Court, which scrutinized the appropriateness of the refusal.
The Court observed that the respondent's existing market presence could not be the sole basis for denying an injunction, referencing an earlier Division Bench ruling in Hulm Entertainment Pvt Ltd v SBN Gaming Network Pvt Ltd. The Court did not delve deeply into the merits of the case but directed both parties to prepare and submit written arguments within ten days and to appear before the Commercial Court on 22 May 2025 for further hearing.
Ultimately, the High Court disposed of the appeal with directions to the Commercial Court to finalize and decide on the application under Order XXXIX Rules 1 and 2 of the Civil Procedure Code (CPC) as expeditiously as possible. The case emphasizes the importance of timely legal proceedings for protection of rights in commercial disputes involving herbal product companies.
Case title: Sana Herbal Pvt. Ltd. Vs Dehlvi Ambar Herbals Pvt. Ltd. Date of order: 1 May 2025 Case No.: FAO (COMM) 104/2025 Neutral Citation: 2025:DHC:3304:DB: Court: Delhi High Court Judge: Hon'ble Mr. Justice C. Hari Shankar and Hon'ble Mr. Justice Ajay Digpaul
