The appellant company, Victoria Cross India Pvt Ltd, filed an appeal against a commercial court judgment in a trademark dispute with Victorinox AG, but with a delay of 195 days. The appellant explained the delay through an affidavit citing the death of the key decision-maker during the suit, prolonged injunction preventing business operations for years, the widow suddenly having to handle affairs without experience, her mental health issues, dissolution of a related partnership firm, assignment of trademarks and copyrights to the appellant company, and subsequent changes in directorship and shareholding requiring administrative time at the Ministry of Corporate Affairs. The court considered these explanations but found them insufficient to condone the substantial delay, as the appellant failed to show sufficient cause or diligence, leading to rejection of the condonation application and consequent dismissal of the appeal.
Law settled:
Condonation of delay in filing an appeal under Section 13 of the Commercial Courts Act, 2015 requires sufficient cause to be shown convincingly; personal difficulties, family changes, administrative processes, or lack of prior involvement in decision-making do not automatically constitute sufficient cause for a long delay, especially when no satisfactory explanation for inaction or lack of diligence is provided throughout the period.
Case Title:Victoria Cross India Pvt Ltd Vs Victrorinox Ag:17.02.2026:RFA(COMM) 532/2024:2026:DHC:1458:Hon'ble Mr. Justice C. Hari Shankar & Hon'ble Mr. Justice Om Prakash Shukla
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Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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