Plaintiff sought leave to withdraw its infringement suit as defendants had ceased selling the branded products online. Defendants raised no objection. The court dismissed the suit as withdrawn with liberty to file a fresh suit on a fresh cause of action, but refused refund of court fees.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~35
INTELLIGENT HOMEWARE & ORS. .....Plaintiffs Through: Mr. Abhijeet Rastogi and Ms. Diksha, Advocates
versus
HIVELOOP TECHNOLOGY PRIVATE LIMITED & ORS.
.....Defendants
Through: Mr. Aditya Gupta and Ms. Aishwarya Kane, Advocates for D-1 Mr. Sumit Roy and Mr. Sidharth Mahajan, Advocates for D-2 (Through VC)
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 17.11.2025
I.A. 28463/2025 (Under Order XXIII Rule 1(3) CPC)
“4. That during the pendency of the present suit the Plaintiffs examined the website - www.udaan.com/app of Defendant No. 1 to confirm if the Defendants continue to engage in the infringing activities of selling, supplying and distributing MILTON and SPOTZERO branded products. Upon examining the said website/app, the Plaintiffs observed that no listings of MILTON and SPOTZERO products were being offered, advertised or sold by Defendants therein.
Page 1 of 3
CS(COMM) 440/2019
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 19/11/2025 at 14:20:15
[Emphasis Supplied]
3.1. He states that he relies upon the contents of the written statement; however, defendant no. 1 has no objection to the suit being withdrawn.
5.1. He also prays that in view of the aforesaid, this Court be pleased to issue directions for refund of Court fees.
Page 2 of 3
CS(COMM) 440/2019
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 19/11/2025 at 14:20:15
It is clarified that the fresh suit as and when filed, will be decided on its own merits.
MANMEET PRITAM SINGH ARORA, J
NOVEMBER 17, 2025/ rhc/MG
Page 3 of 3
CS(COMM) 440/2019
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 19/11/2025 at 14:20:15
2 issues framed by the court
Should the plaintiff be permitted to withdraw the suit under Order XXIII Rule 1(3) CPC with liberty to file a fresh suit?
Is the plaintiff entitled to refund of court fees upon such withdrawal?
2 provisions across 1 enactments
Intelligent Homeware
Hiveloop Technology Private Limited
Defendant Nos. 2 to 5
MANMEET PRITAM SINGH ARORA
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
