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2025 DAILYLAW 43411 (DEL)

APL APOLLO TUBES LIMITED v. M/S STEEL TRACK & ORS.

CS(COMM)/488/2023 · 2025-11-24

Manmeet Pritam Singh Arora

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 $~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 488/2023 & I.A. 13246/2023 APL APOLLO TUBES LIMITED .....Plaintiff Through: Ms. Gunjan Kathuria and Mr. Tushar A. John, Advs. versus M/S STEEL TRACK & ORS. .....Defendants Through: Mr. Rahat Bansal, Mr. Harsh Anand & Ms. Vashu Chaudhary, Advs. CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 24.11.2025 1. The present suit has been filed seeking permanent injunction restraining infringement of trademark, passing off, unfair trade competition, damages, and other ancillary reliefs. 2. The Plaintiff, established in 1986, is the largest producer of steel pipes, tubes, aluminised steel tubes, black steel tubes, hot dipped and pre- galvanised steel tubes, fence tubes, and structural steel in India. It is the registered proprietor of various trademarks, including APOLLO and APL APOLLO [8Plaintiff9s Marks9] and uses these marks in relation to the above- mentioned goods. 3. The Plaintiff has been operating its structural steel tubes and pipes business under its APOLLO marks since the year 1999, and has, over the course of the last 25 years, secured numerous registrations. Details of Plaintiff9s various registrations have been set out in paragraph 8169 of the 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 01/12/2025 at 12:39:52 p. 2 plaint. 4. The Plaintiff has earned substantial revenue for its varied classes of products, under its mark APOLLO and its variants, over the years, with revenue for the year 2021-22 being Rs. 13,063.32 Crores. 5. Defendant No.1/M/s Steel Track is a partnership firm engaged in the business of manufacturing, marketing and trading of TMT steel bars. Defendants Nos. 2- 8 are partners in said firm- Defendant No.1. 6. The Plaintiff is aggrieved by Defendants9 use of the mark APOLLO/APOLLO TMT/ [8impugned mark9] in relation to TMT steel bars. Submissions by the Parties 7. Learned counsel for the Defendants states that the Defendants have ceased the use of the impugned mark and have stopped manufacturing the infringing goods as per the interim order dated 01.04.2024. 7.1 He states on instructions that the Defendants will pay the legal cost of Rs. 7,50,246/- as sought by the Plaintiff and recorded in the order dated 04.11.2025. 7.2 He states that the amount of Rs. 5,50,246/- will be paid within a period of six [6] weeks from today, and the balance amount of Rs. 2,00,000/- will be paid within a period of ten [10] weeks from today. 8. Learned counsel for the Plaintiff states that the Plaintiff is willing to accept the aforesaid terms of settlement and prays that the relief of permanent injunction and legal costs be decreed in terms thereof. 9. In view of the no contest between the Plaintiff and the Defendants, a decree of permanent injunction is hereby granted in favour of the Plaintiff 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 01/12/2025 at 12:39:52 p. 3 and against the Defendants in terms of prayer clauses 54 (a) and (b), as well as for legal costs of Rs. 7,50,246/-. 10. The legal cost will be paid within a period of ten [10] weeks in terms of the statement of the Defendants recorded hereinabove at paragraph 7.2. 11. The remaining reliefs in the plaint are disposed of as not pressed. 12. The registry is directed to draw up a decree in the aforesaid terms. 13. The suit hereby stands decreed in terms of this order. 14. Pending applications, if any, stand disposed of. 15. Future dates, if any, stand cancelled. 16. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J NOVEMBER 24, 2025/mt/aa 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 01/12/2025 at 12:39:52