TROPICAL INDUSTRIES INTERNATIONAL PVT LTD v. ASHU GUPTA & ORS.
CS(COMM)/186/2025 · 2026-04-30
Jyoti Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1740 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1740 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CS(COMM) 186/2025
$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 186/2025
TROPICAL INDUSTRIES INTERNATIONAL PVT LTD.....Plaintiff Through: Mr. Revanta Mathur and Mr. Rohin Koolwal, Advocates. versus
ASHU GUPTA & ORS. .....Defendants Through: Mr. Junaid Alam and Mr. S. Nithin, Advocates for D-1 to 3. CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R %
30.04.2026
1. This suit is instituted on behalf of the Plaintiff inter alia seeking a decree of permanent injunction restraining Defendants No. 1 to 3 and all others acting on their behalf from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in any manner with any goods or services including but not limited to kitchen sinks, using the registered ‘NEELKANTH’, and
trademarks of the Plaintiff, amounting to infringement and passing off, amongst other reliefs. 2. During the pendency of the suit, parties were referred for mediation before the Delhi High Court Mediation and Conciliation Centre, where they have amicably settled their disputes and executed a Settlement Agreement dated 22.11.2025, incorporating the terms of the settlement. As per the terms, a sum of Rs. 27.5 lakhs payable by Defendants No. 1 to 3 has been 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 02/05/2026 at 11:55:23
CS(COMM) 186/2025
paid to the Plaintiff, which fact is duly acknowledged by counsel for the Plaintiff. Additionally, counsel for Defendants No. 1 to 3 submits that an application for cancellation of the registration has been filed before the Trade Marks Registry. Parties have also agreed that the goods seized by the Local Commissioner either be sold or destroyed by Defendants No. 1 to 3 and in case Defendants No. 1 to 3 intend to sell the same, then the impugned mark be removed and effaced. Learned counsel for the Plaintiff submits that exercise of desealing as also effacing of impugned mark be done in presence of authorized representative of the Plaintiff. 3. Accordingly, the suit is decreed in terms of the Settlement Agreement dated 22.11.2025, which shall form a part of the decree. 4. Registry is directed to draw up the decree sheet. 5.
Permission is granted to Defendants No. 1 to 3 to deseal the existing stock lying on superdari at different shops/premises concerned in presence of authorized representative of the Plaintiff and thereafter, exercise of removing/effacing the impugned marks to the satisfaction of the authorized representative of the Plaintiff be done, whereafter Defendants No. 1 to 3 may sell the impugned products. Authorized representative of the Plaintiff will take the photographs of the proceedings, when the products are being desealed as also impugned marks are being removed/effaced. Be it noted that wherever the impugned marks cannot be removed/effaced to the satisfaction of authorized representative of the Plaintiff, the same shall be destroyed. 6. Suit stands disposed of. JYOTI SINGH, J APRIL 30, 2026/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 02/05/2026 at 11:55:23