Order 6

Order Details: COPY OF ORDER
Pdf Text: CS (Comm.) No.561/2025: Astral Limited V/s Advance India Plastics Industries & Ors.
CS (Comm.) No.561/2025 (21)
Astral Limited V/s Advance India Plastics Industries & Ors.
CNR No.DLNW01-002494-2025
13.03.2026
Present: Shri Gautam Bhasin, Ld. Counsel for the plaintiff.
Shri Ankit Verma, Ld. Counsel for the defendant(s).
1. (i) There is delay of 30 days in filing the written statement.
(ii) Heard.
(ii) The delay in filing the written statement is condoned, subject
to payment of cost of Rs.5,000/- (Rupees Five Thousand Only), to be paid
by the defendant(s) to the plaintiff within 15 days from today.
2. It is noted that vide order dated 01.08.2025, ex-parte ad-
interim injunction was granted in favour of plaintiff and against the
defendant(s). Till the disposal of the suit, ad-interim injunction order dated
01.08.2025 is hereby made absolute. Application under Order XXXIX
Rule 1 & 2 CPC stands disposed off in above terms.
3. Replication in the matter had already been filed by the
plaintiff. The pleadings in the matter are complete. On the basis of
pleadings of the parties, following issues are settled for trial in the matter:
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CS (Comm.) No.561/2025: Astral Limited V/s Advance India Plastics Industries & Ors.
Issues:
(1) Whether plaintiff is entitled to decree for permanent and
mandatory injunction, thereby restraining the defendant(s) by itself,
as also through its individual proprietor/partners agents,
representatives, distributors, assigns, heirs, successors, stockiest(s)
and all others acting for and on their behalf from manufacturing,
marketing, using, selling, soliciting, importing, exporting,
displaying, advertising or by audio, visual, print or on online
platforms or through social media or any other mode or manner
dealing in or using the impugned trade mark/label/colour
combination/trade dress or any other trade mark/label/colour
combination/trade dress/colour combination which is/are identical
with and/or deceptively similar to the plaintiff’s
“ASTRAL/ASTRAL PIPES/ /
, , , ASTRAL CPVC
PRO/ ” ,marks being used after adding plaintiffs mark
ASTRAL as prefix/suffix in relation to its impugned goods and
business i.e. Pipes etc. and other related and allied and cognate
goods from doing any other acts or deeds amounting to or likely to
infringing plaintiff’s registered trademark(s), copyright and passing
off their products as that of plaintiff; as sought for in prayer clause
77 (a) of the plaint? OPP.
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(2) Whether the plaintiff is entitled to delivery up of all impugned
finished and unfinished material of the defendant bearing the
impugned trademark/label/packaging/trade dress
“ASTRAL/ASTRAL PIPES/ /
, , ,ASTRAL CPVC
PRO/ ” etc., including any other
trademark/label/packaging/trade dress identical with and deceptively
similar to it or the trademark/label/packaging/ trade dress
“ASTRAL/ASTRAL PIPES/ /
, , , ASTRAL CPVC
PRO/ ” etc of the plaintiff including blocks and labels,
display boards, sign board, trade literature, advertisement material,
wrapper, trade dress, packaging, etc. to the plaintiff for purposes of
destruction/erasure, as prayed for in prayer clause 77 (b) of the
plaint? OPP.
(3) Whether the plaintiff is entitled to decree of rendition of
accounts, as prayed for in para 77(c) of the plaint? OPP.
(4) Whether the plaintiff is entitled for damages and costs, as
prayed for? If so, at what rate and for what period? OPP.
(5) Relief.
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4. No other issue arises or has been pressed for.
5. The learned counsels for both the parties have consented for
recording of evidence by Local Commissioner.
6. (i) Accordingly, I exercise my power Under Order XV A Rule 6
(o) and (p) CPC, directing that evidence in the matter shall be recorded by
learned Local Commissioner, appointed by this Court on commission
basis. Accordingly, it is directed that the evidence in the matter shall be
recorded on commission basis by Shri Roshan Kumar, Advocate,
Enrolment No.F/168/2018, having mobile number 9002413900. The fee
of the learned Local Commissioner is fixed as Rs.8,000/- per main witness
(Rs.2,000/- per formal witness). It is hereby clarified that today Shri
Roshan Kumar, Advocate has been appointed as Local Commissioner in
three different cases and he will be paid fees for each witness separately in
all the three cases.
(ii) Maximum two hours’ time is permitted to the other side to
cross examine the witness. In case the time period exceeds two hours, then
the responsibility to make payment for the evidence of that witness shall
shift to the other party. The evidence shall be recorded at Judicial Library,
Rohini District Court Complex or any other place as per the convenience
of learned Local Commissioner on the date and time agreed by both the
parties, but not later than the date fixed by this Court for submitting
report. It is hereby clarified that plaintiff shall bear the expenses of learned
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Local Commissioner for recording of plaintiff’s evidence and defendant
shall bear the the expenses of learned Local Commissioner for recording of
defendant’s evidence in the matter. Further, at the time of PE, plaintiff shall
arrange the typist/stenographer for recording of evidence, failing which,
learned Local Commissioner shall arrange the same and plaintiff has to
bear Rs.1,000/- per day for the same, which shall be in addition to the fee
prescribed for learned Local Commissioner per witness. Needless to say,
same shall be the situation at the time of recording of DE in the matter, i.e
defendant would bear the expenses of typist/stenographer @ Rs.1,000/- per
day for recording of DE.
7. Ahlmad/Nazir/Reader shall make available himself/herself
with the Court file and diet money for the said purpose is fixed as Rs.500/-
per visit. Learned Local Commissioner shall record verbatim in question
and thereafter record answers verbatim. In case of any objection being
raised by any of the party, same shall be recorded verbatim which shall be
adjudicated by this Court. Learned Local Commissioner on the same day
shall supply the copy of evidence recorded to both the parties on their own
cost. The Ld. Local Commissioner shall also submit typed copy thereof in
the Court.
8. Let the list of witnesses be filed by both the parties within 15
days from today, after the exchanging copies thereof. The copy(ies) of
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evidence by way of affidavit of witness(s) be also supplied to learned
counsel for the other side at least 24 hours prior to the NDOH.
9. Parties are directed to contact and appear before learned Local
Commissioner on 10.04.2026 at 2.00 P.M, who thereafter may fix dates of
recording evidence as per his convenience vis-a-vis convenience of both
the parties.
10. The Reader/Ahlmad attached to this Court is directed to
inform the learned Local Commissioner telephonically also in this regard.
11. A copy of this order be also given dasti to both the parties.
List the matter for report of learned Local Commissioner / final arguments
now on 22.05.2026.
12. It is hereby clarified that the dates in the matter have been
given as per the convenience of learned counsel for the defendant(s).
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/13.03.2026
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