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2026 DAILYLAW 18754 (DEL)

BATA INDIA LIMITED v. RAJ KUMAR CHOUDHARY AND ORS

CS(COMM)/1302/2025 · 2026-09-15

Jyoti Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 1302/2025 $~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010980682025 + CS(COMM) 1302/2025 & I.As. 30528/2025, 15594/2026 BATA INDIA LIMITED .....Plaintiff Through: Mr. Urfee Roomi, Mr. Nikhil Sharma and Mr. Aman Venugopal, Advocates. versus RAJ KUMAR CHOUDHARY AND ORS .....Defendants Through: Ms. Prachi Gupta, Advocate. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 15.09.2026 1. This suit is instituted by the Plaintiff inter alia seeking a decree of permanent injunction restraining the Defendants and all others acting on their behalf from manufacturing, offering for sale, selling, displaying, advertising, marketing, exporting and/or directly or indirectly dealing with impugned products bearing impugned BATACLEAN marks, including BATACLEAN and and/or any other mark identical/deceptively similar to Plaintiff’s BATA trademarks, including 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 22/09/2026 at 10:55:25 CS(COMM) 1302/2025 BATA, , , amounting to infringement and/or passing off. 2. During the pendency of the suit, parties have amicably settled their inter se disputes. Defendants have agreed to give up use of the impugned marks and/or any other mark identical/deceptively similar to Plaintiff’s BATA marks as also to pay a sum of Rs. 6,00,000/- in full and final settlment of Plaintiff’s claims. The amount is to be paid within two weeks from today. It is also agreed that the goods lying on superdari with the Defendants after they were seized and taken into custody by the Local Commissioner appointed by this Court, will be destroyed by the Defendants. 3. Accordingly, the suit is decreed in favour of the Plaintiff and against the Defendants in terms of paragraph 71(a) to (g) of the plaint as also 71(j) and (k) to the extent of a sum of Rs. 6,00,000/- agreed between the parties. Liberty is granted to the Plaintiff to claim the relief in 71(i) in any subsequent suit. Other reliefs are given up by the Plaintiff. 4. As agreed, the sum of Rs. 6,00,000/- shall be paid to the Plaintiff within two weeks from today. Further, Defendants shall destroy the goods bearing the impugned marks lying with them on superdari on 14.10.2026 at 2:30 PM, in the presence of authorised representative of the Plaintiff. The destruction proceedings shall be photographed and the photographs shall be preserved by both the parties. 5. Registry is directed to draw up the decree sheet. 6. Suit is disposed of along with pending applications. 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 22/09/2026 at 10:55:25 CS(COMM) 1302/2025 7. Plaintiff is held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870. 8. Date of 09.10.2026 before the learned Joint Registrar stands cancelled. JYOTI SINGH, J SEPTEMBER 15, 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 22/09/2026 at 10:55:25