The Coca-Cola Company (Plaintiff 1, manufacturer of concentrates) and its authorized bottler (Plaintiff 2) filed suit in 2007 against defendants for trademark infringement, unfair competition, injunction, damages, and delivery up, alleging defendants hoarded used Coca-Cola bottles causing market shortage and potential spurious refilling; Defendant 2 filed counter-claim for damages. Issues framed in 2008; plaintiffs' evidence closed in 2018; Defendant 2 repeatedly delayed filing evidence despite court directions and costs. In 2022, Defendant 2 filed affidavit with ITRs for 2007-08 to 2011-12 as additional documents to prove damages; in 2024, applied under Order XI Rule 10 CPC (as per Commercial Courts Act) to take them on record. The Delhi High Court held the documents, being Defendant 2's own records, were always in its possession and no reasonable cause shown for 15-year delay; corona pandemic excuse invalid as docs pre-date it; allowing would prejudice plaintiffs and defeat CC Act's object of expeditious disposal. The court dismissed the application on 24.11.2025, making related summons application infructuous, and listed for evidence.
- In commercial suits, documents must be filed with written statement/counter-claim under Order XI Rule 7 CPC (as amended by Commercial Courts Act, 2015), and late filing under Rule 10 permitted only upon establishing reasonable cause for non-disclosure (Para 9).
- Belated filing of documents after closure of opponent's evidence, without justification, causes prejudice and delays trial, contrary to expeditious disposal under Commercial Courts Act (Para 14, relying on Societe DES Produits Nestle S.A. v. Essar Industries, 2016 SCC OnLine Del 4279).
- Negligence or lackadaisical conduct in adhering to timelines does not constitute reasonable cause; courts must strictly enforce CC Act provisions (Para 17, relying on Scindia Potteries & Services P. Ltd. v. J.K. Jain, 2012 SCC OnLine Del 5296).
Case Title: The Coca-Cola Company Vs Raj Trade Links & Anr.
Order Date: 24 November 2025
Case Number: CS(COMM) 439/2018 & CC 970/2007
Neutral Citation: Not yet assigned
Court: High Court of Delhi at New Delhi
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]
