Delhi HC modifies order in IP infringement dispute, directing execution of commission via Court-appointed local commissioner

Headnote

The Delhi High Court modified a Single Judge’s order concerning the inspection of premises for alleged design infringement. The Court appointed a local Commissioner to execute the commission, clarified terms for inspection, and ensured no obstruction to the appellant’s business, emphasizing procedural fairness and proper execution of court directions.

Background

Elixir Trading Pvt. Ltd. (appellant) was accused by Kentro Systems Ltd. (respondents) of infringing their designs. The respondents filed IA 7194/2025 under CS(Comm) 1062/2024, seeking execution of commissions to inspect and seize infringing goods. The Single Judge had allowed respondents to access the appellant’s premises and inspect alleged infringing moulds and dyes. The appellant claimed that these moulds and dyes were unavailable. The appeal challenged aspects of the execution process and sought modifications to ensure fairness.

Legal Provisions Concerned

1. Civil Procedure Code, 1908 (pertaining to execution of commissions)
2. Intellectual Property Rights principles concerning design infringement

Court Opinion / Analysis

The Delhi High Court, through Justices C. Harishankar and Om Prakash Shukla, held:

The visit to appellant’s premises shall be conducted by a Court-appointed local Commissioner instead of respondents’ representatives.

The appellant must demonstrate to the Commissioner that the alleged moulds and dyes are unavailable.

The appellant shall allow inspection of existing moulds used in production and ensure no obstruction to the commission.

Execution of the commission is to be video-graphed at the appellant’s expense.

The Commissioner may seek police assistance if necessary, though this is not expected.

Fees for the Commissioner are fixed at ₹1 lakh, shared equally by both parties.

The Court emphasized procedural propriety while balancing the interests of both parties and left other aspects of the Single Judge’s order intact.

Case Details

Case No.: CM Appl. 62710/2025 & 62711/2025

Court: High Court of Delhi, New Delhi

Bench / Judges: Hon’ble Mr. Justice C. Harishankar

Date of Order: 06.10.2025

Appellant: Elixir Trading Pvt. Ltd. (Advocates: Ashish Aggarwal, Vidit Garg, Suresh K Chopra)

Respondents: Kentro Systems Ltd. (Advocates: Rajeshwari, Rajneesh Chopra)

Matter Type: Intellectual Property / Design infringement dispute

Original Order Challenged: Order dated 23 September 2025 in IA 7194/2025 in CS(Comm) 1062/2024