Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: CS (Comm.) No.561/2025
Astral Limited V/s Advance India Plastics Industries & Ors.
CNR No.DLNW01-002494-2025
08.08.2025
Case file taken up today on an application filed under Order
XXVI Rule 9 CPC r/w Order XXXIX Rule 7 CPC, on behalf of plaintiff,
inter alia seeking preparation of inventory of the infringing goods,
violating the trademark of plaintiff.
Present: Ms.Navlin Swain, Shri Gautam Bhasin, Shri Varun Khanna
Shri Avinash Nagarwal and Ms.Yashika Khanna, Advocates,
Ld. Counsels for the plaintiff/applicant.
Shri V.K Puri, Ld. Counsel for the defendant(s)/
non-applicant(s).
Shri Sagar, Advocate, Ld.Local Commissioner (through VC).
1. This is an application filed under Order XXVI Rule 9 CPC
r/w Order XXXIX Rule 7 CPC by the plaintiff company,
inter alia seeking
re-appointment of Local Commissioner for preparation of inventory of the
infringing/counterfeit goods violating the trademark of plaintiff.
2. The learned counsel for the plaintiff has referred to the report
filed by learned Local Commissioner in “CS (Comm.) No.516/2025”,
titled as, “The Supreme Industries Limited V/s M/s Advance India Plastics
Industries & Ors.”. From the said report, it has been pointed out that
besides the infringed/counterfeit goods violating the trademark of M/s
Supreme Industries, i.e “SUPREME”, “SUPREME AQUA GOLD”,
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“SUPREME RED LINE”, “SUPREME LIFELINE” and “SUPREME
CLASSIC”, the counterfeit pipes/packaging bearing marks
“ASTRAL/ASTRAL PIPES/ / /
ASTRAL CPVC PRO/ as also the counterfeit
pipes/packaging bearing marks “ashirvad/ , Ashirvad
CPVC PLUS, , ,
were also recovered from premises
bearing Nos.G-995 & G-1020, Narela Industrial Area, New Delhi-110040.
3. The attention of this Court has been invited to the fact that on
the date of execution of commission, i.e on 18.07.2025, the learned Local
Commissioner had appeared in Court through video-conferencing (VC)
from the spot and had pointed out that besides infringed/counterfeit goods
bearing trademark(s) of M/s Supreme Industries, the infringing material
violating the trademarks of “Astral Pipes”, “Aashirwad Pipes”, “Prince”,
“Finolex” and “Trueflo by Hindware” were also found. This Court had
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verbally permitted the learned Local Commissioner on 18.07.2025 to take
photographs and seize the said infringing/counterfeit goods and prepare
inventory thereof.
4. (i) Now, by way of this application, directions have been sought
to the learned Local Commissioner to re-visit the spot and prepare
inventory of the seized goods.
(ii) Today, separately directions have been given/passed in “CS
(Comm.) No.516/2023”, titled as, “The Supreme Industries Limited V/s
M/s Advance India Plastics Industries & Ors.” for de-sealing of premises
No. G-1020, Narela Industrial Area, New Delhi-110040.
5. In view of the above, the application filed by plaintiff is
disposed off with following directions.
(i) Shri Sagar, Advocate, Enrolment No.D/4143/2023, having
mobile No.7011255819 (learned Local Commissioner), after de-
sealing the premises bearing No.G-1020, Narela Industrial Area,
New Delhi-110040, will prepare an inventory of counterfeit
pipes/packaging bearing marks “ASTRAL/ASTRAL PIPES/
/ / ASTRAL CPVC PRO/
as well as machinery and
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packaging materials bearing the impugned marks, recovered from
both the premises, i.e premises bearing Nos.G-995 & G-1020,
Narela Industrial Area, New Delhi-110040. He is further authorized
to seize and seal the same.
(ii) After preparation of inventory thereof, the learned Local
Commissioner shall handover the aforesaid seized infringed/
counterfeit goods, including machinery and packaging materials
bearing the aforesaid impugned marks to the representative(s) of
plaintiff on superdari, upon their furnishing an undertaking that
they/plaintiff shall produce the said goods/machinery/packaging
material so seized, as and when called upon to do so by this Court.
(iii) The learned Local Commissioner shall also seize and sign all
books of accounts, ledgers, and cash registers, stock registers,
invoices, day book etc of defendant and seal them after signing
them.
(iv) The concerned SP/DCP/Addl.DCP/Addl.DSP/ SHO/Officer
In-charge of the Police Station having the local jurisdiction over the
place where the premises of defendant is situated, is directed to
render all necessary assistance as well as security to the Local
Commissioner in carrying out the above directions. The learned
counsel for the plaintiff as well as the representative of plaintiff are
also permitted to accompany the learned Local Commissioner while
visiting the premises of defendant for execution of the commission.
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(v) The Local Commissioner shall also take photographs of the
premises/godowns of the defendant as aforesaid, as well as of the
infringed material found at the site.
(vi) If on the date of visit, the premises are found locked, Local
Commissioner shall break open the same in the presence of police
officials of the concerned Police Station after taking the photographs
thereof and shall proceed to execute the commission and shall also
maintain decency while breaking open the locks to recover the
infringing material.
(vii)	(vii) The fee of the Local Commissioner in this regard is fixed	The fee of the Local Commissioner in this regard is fixed at	at
Rs.20,000/- (Rupees Twenty Thousand Only)	Rs.20,000/- (Rupees Twenty Thousand Only) apart	apart from all other	from all other
out-of-packet expenses, which shall be borne exclusively by the	out-of-packet expenses, which shall be borne exclusively by the
plaintiff.	plaintiff.
(viii)	(viii) Plaintiff shall make necessary transportation arrangement(s)	Plaintiff shall make necessary transportation arrangement(s)
for taking away the seized goods/machinery(ies) from the spot,	for taking away the seized goods/machinery(ies) from the spot,
however, it shall produce the same in Court as and when called upon	however, it shall produce the same in Court as and when called upon
to do so.	to do so.
6. A copy of this order be given dasti to learned counsels for
both the parties as well as to learned Local Commissioner.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/08.08.2025
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