CASTROL LIMITED v. IBRAHIM ADAMALI SANCHAWALA, TRADING AS EA & SONS AND T-MAX LUBRICANTS AND ANR.
CS(COMM)/39/2024 · 2025-07-23
Jyoti Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13929 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13929 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CS(COMM) 39/2024 p. 1 $~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 39/2024
CASTROL LIMITED
.....Plaintiff Through: Mr. Urfee Roomi, Ms. Janaki Arun, Mr. Ritesh Kumar, Ms. Anuja Chaudhary and Ms. Chahat Bhatia, Advocates.
versus
IBRAHIM ADAMALI SANCHAWALA, TRADING AS EA & SONS AND T-MAX LUBRICANTS AND ANR. .....Defendants
Through: Mr. Rishub Kapoor, Advocate.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R %
23.07.2025 CS(COMM) 39/2024 and I.A. 48221/2024 (u/O XIIIA Rules 3 & 6(1)(a) r/w Section 151 of CPC)
1. Present suit is filed by the Plaintiff for permanent injunction restraining the Defendants from inter alia infringing the trademark and copyright of the Plaintiff as also from passing off. Plaintiff has also sought damages and rendition of accounts etc. By ex parte ad interim order dated 15.01.2024, Defendants were injuncted from manufacturing, offering for sale, selling, displaying, advertising, marketing engine oil, coolants, gear oils and lubricants and/or similar/related/allied/cognate goods bearing Plaintiff’s marks/packaging. Interim order has continued.
2.
Learned counsel for the Plaintiff submits that the suit be decreed limited to reliefs claimed in the prayer clause 60 (a) to (e), (g), (h) and (j). This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/07/2025 at 12:41:55
CS(COMM) 39/2024 p. 2 Learned counsel for the Defendants, on instructions, submits that Defendants have no objection to the suit being decreed to the extent of reliefs claimed in the prayer clause 60 (a) to (e), (g), (h) and (j). Additionally, Defendants offer to pay a sum of Rs.4 lakhs towards costs in three tranches, i.e. Rs. 2 lakhs on or before 31.08.2025; Rs. 1 lakh on or before 30.09.2025; and remaining Rs. 1 lakh on or before 31.10.2025. It is also agreed that the costs shall be paid in favour of Ms. Sujata Chaudhuri, IP Attorneys.
3. Accordingly, the suit is decreed in terms of prayer clause 60 (a) to (e), (g), (h) and (j) in favour of the Plaintiff and against the Defendants with costs of Rs.4 lakhs payable in three tranches as mentioned above. As agreed, Defendants will carry out destruction of the infringing/offending goods, seized by the Local Commissioner and lying in the custody of the Defendants on superdari on 26.07.2025 at 2.00 pm in the presence of authorized representative and/or counsel for the Plaintiff and authorized representative and/or counsel for the Defendants.
4. Registry is directed to draw up the decree sheet.
5. Suit stands disposed of along with all pending applications.
6. Since the suit has been settled at an early stage, Registry is directed to issue a Certificate for refund of 100% Court fees in favour of the Plaintiff in terms of Section 16 of the Court Fees Act, 1870.
JYOTI SINGH, J JULY 23, 2025 S.Sharma
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/07/2025 at 12:41:55